CG65415 - Private residence relief: settled property: express trust

The three main conditions for the creation of an express trust are

• an intention to create a trust
• trust property must be certain
• in the case of private trusts there must be certainty as to the persons intended to be beneficiaries

In the case of public (i.e. charitable) trusts there must be a clear intention to devote the property to charity.

An examination of the trust documents may assist you to decide if a dwelling house or its garden or grounds are trust property and also who are the persons intended to be beneficiaries, see CG33024.