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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I have a Declaration of Trust document stating that a 60/40

Resolved Question:

I have a Declaration of Trust document stating that a 60/40 split on proceeds of the house sale.
The document was signed by myself and my ex parter under witness, but the document was never dated and signed by the solicitor.
Is this document still valid as I think my ex patter is going to contest it.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
e1. There is no need for a Declaration of Trust signed by both yourself and your ex partner to be signed and dated by the solicitor. So long as you both signed your names to it freely, it is binding between the two of you. Additionally, there is no requirement in law that an agreement or a Declaration of Trust must be dated. So long as the Declaration of Trust is signed by you both and you both agreed to it, then it can be enforced between you both. The only requirement in law in the uK is that any Declaration of Trust in relation to property, must be in writing, as provided by the Statute of Frauds. Apart from this requirement of writing, there is no additional requirement imposed. So, this Declaration of Trust is binding between you both.
Expert:  Buachaill replied 1 year ago.
2. You can validly enforce the Declaration of Trust in any court in the UK as between yourself and your ex partner. Your ex partner will not be able to get it set aside, as it is fully binding.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
That's excellent news. Thank you