selling

Selling a house in trust: who must agree, who signs and what the trustees do

Selling a house in trust: trustees are the legal owners, two usually receive the money, beneficiaries must be consulted and the register may carry restrictions.

4 min read
Last reviewed 4 November 2026
By Your Property Check team

Part 1 of 8

Who owns a house in trust

General information, not advice. GOV.UK describes a trust as a way of managing assets for people, including land and buildings. The settlor puts the assets in, usually setting out the terms in a trust deed. The trustees are the legal owners and manage the trust. GOV.UK says there always has to be at least one trustee. The beneficiaries are the people who benefit, from income, capital or both. We read the pages named below on 4 November 2026. They cover England and Wales.

Part 2 of 8

Situation	Who can sell	Who must consent or be consulted	Registration point
Trustees hold the legal title	The trustees, who have the powers of an absolute owner under section 6(1) of the Trusts of Land and Appointment of Trustees Act 1996, subject to any limits	Trustees must have regard to the beneficiaries' rights, and consult adult beneficiaries with an interest in possession	The register shows legal owners, not the trust
Two or more trustees registered	Together	As above	A Form A restriction is normally entered
One trustee only	Usually needs a second trustee appointed before the sale	As above	HM Land Registry says a sole trustee must apply for Form A themselves
Trust deed limits the trustees' powers	Trustees, within those limits	Whoever the deed names	A Form B restriction may be entered

Part 3 of 8

Who signs the contract

The trustees sign, as the legal owners. The reason two matter is Law of Property Act 1925, section 27(2): when a sale produces capital money, it must be paid to at least two trustees or to a trust corporation. HM Land Registry's practice guide on private trusts of land says a sole trustee generally cannot give a valid receipt for capital money, so one or more new trustees usually have to be appointed before a sale. The guide gives exceptions: a sole personal representative, a trust corporation, or a disposition that produces no capital money.

The same guide explains how this protects the buyer. It says that where no Form B restriction is entered, a purchaser need not check whether the trustees exceeded their powers (section 26 of the Land Registration Act 2002). Where a restriction is entered, the purchaser must comply with it, usually by a conveyancer's certificate.

Part 4 of 8

What a restriction on the register means

HM Land Registry's guide says the register records the ownership of the legal estate, not the beneficial interests, and that restrictions are the main way a trust is protected on the register.

Form A: this reads "No disposition by a sole proprietor of the registered estate" and is aimed at making sure beneficial interests are overreached when capital money arises. HM Land Registry enters it automatically when two or more people are registered as joint proprietors, unless they hold as beneficial joint tenants.
Form B: this applies only where the trust deed limits the trustees' powers under section 8 of the 1996 Act. The guide says it is not a notice of trust.

Our guide to joint tenants and tenants in common explains why co-owners hold land in different ways.

Part 5 of 8

What the trustees must do

Consult. Section 11 of the 1996 Act requires trustees, so far as practicable, to consult adult beneficiaries entitled to an interest in possession in the land, and to give effect to their wishes so far as consistent with the general interest of the trust. If they disagree, the majority by value of their interests prevails. Section 11 has exceptions, such as where the trust deed says the duty does not apply.
Take care. Section 1 of the Trustee Act 2000 sets a duty to exercise "such care and skill as is reasonable in the circumstances". A professional trustee is held to a higher standard.
Follow the deed. GOV.UK says trustees must deal with the assets according to the settlor's wishes in the trust deed or will.

Part 6 of 8

If a beneficiary lives in the house

The practice guide extract we read does not deal with a beneficiary living in the property, and we did not find an official source that sets out the position in a sentence we can quote. The trustees' duty to consult adult beneficiaries with an interest in possession is relevant, and the trust deed will say more. Ask a solicitor who handles trusts.

Part 7 of 8

Tax and probate

GOV.UK has separate pages on trusts and Capital Gains Tax and on trusts and Inheritance Tax. We have not set out the rules here because they differ by trust type. If the house came from an estate, see our guides to selling a house in probate and the deed of variation.

Part 8 of 8

Practical steps

Get the trust deed or will and read who the trustees are and what powers it gives them.
Check the title register for any restriction.
Make sure two trustees, or a trust corporation, can receive the money.
Record how the beneficiaries were consulted.
Instruct a solicitor or conveyancer with trust experience.
Use our free house value check to see a sold-price range for the postcode before weighing an asking price.

This page is general information, not advice.

Our take

Get the trustees and the register in order before you list

Trustees are the legal owners and can sell, but sale money normally goes to at least two trustees or a trust corporation, and adult beneficiaries with an interest in possession must be consulted so far as practicable. We think the mistake is discovering a restriction or a sole trustee after an offer. Read the deed and the register first, and record how beneficiaries were consulted.

What Your Property Check adds: the free house value check gives an honest value range from real HM Land Registry sold prices in the postcode, with the comparable sales and the working shown, a neutral starting point for trustees weighing an asking price.

Check my value

Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

Can you sell a house that is in a trust?

Yes, the trustees can, as the legal owners. They have the powers of an absolute owner under section 6 of the 1996 Act, subject to the trust deed, and must have regard to the beneficiaries.

Who signs the contract?

The trustees sign. HM Land Registry's practice guide says sale money generally needs to go to two trustees or a trust corporation, so a sole trustee usually appoints another first.

What is a restriction on the title register?

It is an entry that a buyer's conveyancer must comply with, usually by a certificate. Form A is entered for joint proprietors holding on trust. Form B applies where the deed limits the trustees' powers.

What if a beneficiary lives there?

We found no official source setting out the position in a quotable sentence. Trustees must consult adult beneficiaries with an interest in possession, so far as practicable. A solicitor who handles trusts should advise.

Do beneficiaries have to agree to the sale?

The Act requires consultation, not consent, of adult beneficiaries entitled to an interest in possession. Trustees should give effect to their wishes so far as consistent with the general interest of the trust. The trust deed may change this.

Where this comes from

Sources

Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.