Trust Registration and Deputyships

According to the TRS manual, trusts which are created by, or in order to satisfy the terms of, a court order are excluded from registration as express trusts. This would therefore presumably include deputyships.

However, a deputy will often purchase a property in that capacity and hold the legal title of the property on behalf of the person without capacity with a Declaration of Trust confirming the beneficial ownership. Although the deputyship itself appears to be excluded from the need to register, is it the case that the property trust needs to be registered (as the legal and beneficial owners are not one and the same) and does the age of the person without capacity have any effect on this?

Although the deputyship order will often authorise the deputy to purchase a property on behalf of the person lacking capacity, it does not demand that they do so and so the property trust as distinct from the deputyship itself appears to not fall within the exemption?

Likewise, PI trusts are excluded from the need to register but again if the trustees of a PI trust hold the legal title to a property for the beneficiary of the trust presumably the property trust will still need to be registered as again the legal and beneficial owners will in all likelihood differ?

It is only necessary for a trust to qualify under one category of exclusion. I don’t see any requirement that a trust holding property should always meet the criteria under para 9 (co-ownership) as well as any others.

I would consider the para 2 and para 18 exclusions to be perfectly fine for your purposes here.

I think the property trust is registrable unless it is the specific subject of a court order

Jack Harper