In 2022, reports say that about 35% of Australian households are co-owning homes with a mortgage, plus 31% own them outright. This means about two-thirds of total homeownership, but they’re often without clear agreements. That leaves major risks unaddressed. If you’re buying with another person or investing via an SMSF (self-managed super fund), a Declaration of Trust locks in clarity, ownership rights, and peace of mind.
What’s a Declaration of Trust, Really?
You’re buying a property or holding assets with someone else — maybe a partner, family member, or investor, but you want clarity and to draw the line. Executing a Declaration of Trust is your go‑to legal finesse. It’s a written document where you and another person declare that Trustee A holds the asset on behalf of Beneficiary B, spelling out exactly who owns what and under what terms (you decide).
It doesn’t transfer legal title (don’t worry)— it only defines beneficial ownership and intentions clearly, which is quite critical if:
- Your contributions aren’t equal
- You want to set clear rights on sale or refinancing
- You’re protecting financial risk in shared investments
These kinds of deals risk confusion — or conflict — without clear terms drawn upfront. Today, you can already secure a template for your trust agreement–online–to keep you and your properties protected with efficiency and ease.
When You Shouldn’t Skip It
Think of the Declaration as your insurance policy in ink — here’s when you need to use one:
- Unmarried Joint Properties
Your contributions differ. Without it, property splits are treated equally, even if you paid more. Courts get messy and expensive.
- Parent‑to‑Child Financing
You funded part of the home but aren’t listed on the title. A Declaration secures repayment terms and conditions of support.
- Investment and SMSF Assets
If you’re channeling property into an SMSF using a bare trust, a tailored Declaration clarifies your roles, protections, and tax handling.
The legal structure of a bare trust for SMSF
In the context of SMSFs, the bare trust is a prominent vehicle: the SMSF holds beneficial entitlement, while the legal title sits with a trustee via a Declaration of Trust. It’s the legal backbone for SMSF investors.
Head over and explore the legal structure of a bare trust for SMSF and how it works, including templates, compliance rules, and tips and tweaks to guide you along.
Why You’ll Be Glad You Did
A well‑drafted Declaration does more than define percentages; it actually:
- Slashes the risk of disputes if someone wants out
- Documents ongoing investment, mortgage contributions, or improvements
- Enables clear valuation and exit terms — especially handy if one of you dies or divorces
- Can adjust as life changes — more shares, new contributions, different plans
- Gives lenders—and you—a framework to manage refinancing or new loans when title and beneficial ownership differ
Must‑Haves in Your Declaration
Many law firms in Australia today agree that every solid Declaration needs to include:
- Initial contributions: exactly who paid what and when
- Ongoing payments: mortgage and upkeep roles
- Ownership percentages and how future changes are added
- Sale procedures: valuation method and distribution order
- Buy‑out mechanisms: what triggers and how it occurs
- Mortgage and lender handling: approvals, charges, and notifications
If it’s part of a mortgage, lenders may need to sign off; this gives everyone clarity.
How to Get It Done — Your 5‑Step Guide
- Talk it out candidly: set clear intentions.
- Seek a template — digital platforms offer standardized wording.
- Customize your document — with percentage splits, maintenance terms, and special exit clauses.
- Get a legal review — even cheap online templates need a lawyer’s tick marks.
- Sign & register if needed — especially for land deals. Keep digital and hard‑copy records.
Trends & Facts to Know
According to reports, as of March 2025, SMSFs hold over 1 trillion AUD across 646,000 funds — 26% in listed shares, 16% in cash and term deposits. Real estate use in SMSFs is rising, pushing demand for clean legal setups like Declarations of Trust.
In Canada, bare‑trust reporting is evolving: while some filing relief applies for 2023–24, tighter 2025 rules may require annual reporting under Schedule 15 provisions. Also, the increasing global transparency in trust reporting makes clear documentation non‑negotiable.
Bottom Line
A Declaration of Trust isn’t fluff — it’s your blueprint for real‑estate partnerships, SMSF investments, or multi‑stakeholder asset holdings. Legally binding and dynamic, it protects your financial interest, forestalls disputes, maintains lender peace, and supports regulatory compliance. Especially in SMSF bare‑trust setups, it’s not optional — it’s essential.