Does a Declaration of a Trust supersede a Will?

A declaration of Trust works alongside your Will – one does not replace the other.

A declaration of Trust specifies the extent of your assets. If you have a 30% interest in a property, then that 30% interest can be gifted in your Will.

Consequently, you cannot gift away any assets which you do not own. Therefore, if you have a 30% interest in a property, only 30% can be gifted under the terms of your Will.

A declaration of Trust can supersede clauses of your Will if you have specified assets in your Will which you later direct under a declaration of Trust.