Declaration of trust
Declaration of trust: A document in which a property owner states that they now hold certain property as trustee for others, or for themselves and others. It creates a trust without transferring the property to a different person. The Restatement (Third) of Trusts § 10 lists declaration as one way to create a trust.
What declaration of trust means
Put simply, declaration of trust is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.
Where declaration of trust comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
How to research the term
Start with the primary source. For example, if declaration of trust appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read declaration of trust in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.
You can read the current federal court rules online for free.
Related legal terms
- Debt collector: under the Fair Debt Collection Practices Act, a person whose principal purpose is collecting debts, or who regularly collects debts owed to someone else (15 U.S.C. § 1692a(6)). Whether a company that buys debts and collects them for itself is covered can depend on how it operates.
- Debtor: a person who owes money or another obligation.
- Declaration: a written statement of facts signed under penalty of perjury. In federal matters, 28 U.S.C. § 1746 allows an unsworn declaration in place of an affidavit in many situations.
- Declaration of Independence: the statement adopted by the Second Continental Congress on July 4, 1776, announcing that the thirteen American colonies were independent of Great Britain and explaining why.
Why precise terms matter
Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.