29/05/2026
Thinking a declaration of trust will protect your assets? It might not as per the latest High Court ruling. 👇
In Teixeira v Moaven [2026] EWHC 1215 (Ch), the High Court has thrown that paperwork out completely. ⚖️
The judge called the documents a "fiction" and a "sham" — deceitful words on a page that didn't match the truth. All the real evidence showed the man had always been the true owner. So the properties, worth up to £5 million, went back into his estate, and to his widow and children where they belonged.
Here's why this matters for ordinary families, not just multi-millionaires: A declaration of trust, on its own, is not enough.
A trust document is only a claim about who owns what. If there's no genuine beneficial interest behind it, and no consistent evidence to back it up, a court can look straight through it
We see it all the time: families set something up, tuck the paperwork in a drawer, and assume the job's done. But a half-finished arrangement can actually be worse than none at all. It invites the very challenge it was meant to stop.
Real protection needs three things working together:
✅ A genuine, properly evidenced interest
✅ Documents that match how the asset is truly owned and treated
✅ A clear trail that holds up long after you're gone
So ask yourself one simple question: if a court looked behind your paperwork, would it survive? 🤔
If you're not sure — let's have a chat. At Finawis Advisors we help families put proper estate planning, probate and inheritance tax solutions in place that are built to last, not just to look good on paper.
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General information only — not legal advice. Every family's situation is different, so please get advice tailored to you.
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