IrelandCan I create a trust over property?
Yes, you can create a trust over property in Ireland, but it must comply with formal requirements — including being in writing and signed by the person creating the trust or their authorised agent.
What the Law Says
The Land and Conveyancing Law Reform Act 2009 sets out the legal conditions for creating a valid trust over land or other property in Ireland.
Under Irish law, a trust over property — especially land — is not valid unless it meets strict formal requirements. These rules exist to prevent fraud and ensure clarity about ownership and obligations.
Section 51 of the Land and Conveyancing Law Reform Act 2009 abolishes the old common law rule that trusts of land had to be created by deed. Instead, it provides a simpler, modern standard — but still requires written evidence and signature.
This means you can create a trust over property without a formal deed, but you must put it in writing and sign it. The writing must clearly show the intention to create a trust and identify the trust property and beneficiaries (if known).
Statutory TextNo trust affecting land may be created unless it is in writing signed by the person able to declare the trust or by his agent thereunto lawfully authorised in writing.
— Land and Conveyancing Law Reform Act 2009, s. 51 — Trusts affecting land
What to Do
Decide who will be the trustee(s) and beneficiary(ies), and what property the trust will cover.
Draft a clear written document stating your intention to create a trust, naming the trustee(s), beneficiary(ies), and describing the property.
Sign the document — or authorise an agent in writing to sign on your behalf.
Keep the signed document safely; it is essential proof of the trust’s existence.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.