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    hmrc manual - dot

    http://www.hmrc.gov.uk/manuals/tsemmanual/tsem9520.htm

    "The trust will become enforceable from the date the declaration is executed, but such a document on its own does not prove that the trust existed prior to its execution. Evidence would need to be provided to show that the trust did exist before the declaration of trust was made in writing. "

    Am not very familiar with legal key words. If I create a simple bare declaration of trust, can some one tell me

    - what does it mean by " from the date the declaration is executed". How is it deemed to be executed?
    - Is post-office dated stamp/witness enough for evidence that the trust existed before the declaration of trust was made.

    Or have I got it completely wrong.


    thanks

    #2
    87 views but comments! have I asked a daft question or a very difficult one

    Comment


      #3
      The question doesn't contain enough information to answer usefully.

      Trusts can arise from a set of circumstances and then formalised in writing later.
      So it would depend on what the "post-office dated/stamp witness" means (and presumably witnessed).
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        jpkeates,

        Thanks for your reply.

        "post-office dated/stemp" to proove that the document hasn't been pre-dated.

        Comment


          #5
          That doesn't really help.

          The text you quoted refers to the scenario where a trust arises and is subsequently formalised in writing.
          So the issue is when does the trust come into being.
          Backdating (or not) the written version is an issue, but it doesn't relate to the original post.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by londonrulz View Post
            87 views but comments! have I asked a daft question or a very difficult one
            The number of views includes views by non-registered visitors who cannot reply. At this moment in time the thread has been viewed by 13 registered members.
            .
            I also post as Mars_Mug when not moderating

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