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Declaration Of Trust Joint Tenants Template for Ireland

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Key Requirements PROMPT example:

Declaration Of Trust Joint Tenants

"I need a Declaration of Trust Joint Tenants for a residential property in Dublin that I'm purchasing with my sister in March 2025, with specific provisions for mortgage payments and maintenance costs to be split 60/40 based on our respective contributions."

Document background
The Declaration of Trust Joint Tenants is a vital legal instrument in Irish property law, used when two or more people wish to own property jointly with the right of survivorship. This document is particularly important in situations where co-owners want to ensure their share automatically passes to the surviving owner(s) upon death, rather than forming part of their estate. It's commonly used for family homes, investment properties, or any real estate where multiple parties wish to establish clear joint ownership rights. The declaration must comply with Irish legislation, including the Land and Conveyancing Law Reform Act 2009 and the Succession Act 1965, and requires careful drafting to ensure all legal requirements are met. It typically includes detailed information about the property, the joint tenants' respective rights and obligations, provisions for property maintenance and expenses, and procedures for decision-making and potential severance of the joint tenancy.
Suggested Sections

1. Parties: Identifies and defines the Trustees and any other relevant parties to the declaration

2. Background: Sets out the context of the declaration, including details of property acquisition and intention to hold as joint tenants

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration establishing the trust and confirming joint tenancy arrangement

5. Property Details: Specific details of the property held in trust

6. Nature of Joint Tenancy: Explains the right of survivorship and other key aspects of joint tenancy

7. Rights and Obligations: Sets out the rights and responsibilities of the joint tenants

8. Property Expenses and Maintenance: Details how property-related costs will be shared and managed

9. Decision Making: Procedures for making decisions about the property

10. Death of a Joint Tenant: Confirms operation of survivorship principle

11. Severance: Explains circumstances and process for severing the joint tenancy

12. Governing Law: Confirms Irish law governs the declaration

Optional Sections

1. Mortgage Provisions: Required when the property is subject to a mortgage, detailing mortgage responsibilities

2. Occupancy Rights: Needed when specific arrangements about property occupation are required

3. Sale Provisions: Include when specific conditions for future sale need to be established

4. Income and Rent: Required if the property will be rented out or generate income

5. Family Home Protection: Include when the property is or may become a family home

6. Power of Attorney: Optional provisions for appointing attorneys to act in relation to the property

7. Dispute Resolution: Optional mechanism for resolving disputes between joint tenants

Suggested Schedules

1. Property Schedule: Detailed description of the property including title information and registration details

2. Financial Contributions Schedule: Record of financial contributions made by each party

3. Maintenance and Repair Schedule: Detailed provisions regarding property maintenance responsibilities

4. Certificates of Title: Copies of relevant title documentation

5. Property Plans: Maps or plans of the property if relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Legal Services

Financial Services

Property Management

Banking

Mortgage Services

Estate Planning

Property Development

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Conveyancing

Estate Planning

Mortgage Services

Title Services

Relevant Roles

Property Lawyer

Real Estate Attorney

Conveyancing Solicitor

Legal Counsel

Property Manager

Estate Planning Attorney

Mortgage Advisor

Real Estate Agent

Property Developer

Trust Officer

Legal Executive

Compliance Officer

Title Officer

Industries








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