The UK government has changed the rules on trust registration. The changes affect the Trust Registration Service (TRS) and the Register of Overseas Entities (ROE). Trustees should check whether the new rules affect their trusts and whether any action is needed.
Trust Registration Service
The rules have changed which trusts must be registered with HMRC through the TRS. The main changes affect overseas trusts holding UK land and certain low-value trusts.
Overseas Trusts
Non-UK trusts must now register with the TRS if they purchase land in the UK or already hold UK land acquired before 6 October 2020. Previously, a non-UK trust did not have to register solely because it held UK land acquired before that date.
Non-UK trusts within the new rules must register by 1 September 2027. The TRS does not yet allow these trusts to be registered, but HMRC has said it will update its guidance when registration becomes possible.
Failure to register on time can result in a fixed penalty of £5,000. However, HMRC guidance says that, because this is a new process, HMRC will not usually charge a penalty if trustees take the required action within the time limit given by HMRC after the issue is identified.
Low Value Trusts
The rules have also changed so that some low-value trusts, known as excluded trusts, no longer need to be registered with the TRS.
A trust does not need to register, and may be able to de-register if it is already registered, provided all of the following apply:
- it is not liable for UK tax;
- it does not hold an interest in land in the UK;
- it does not hold assets of appreciable value, such as art, antiques, jewellery or collectibles, worth more than £2,000 in total;
- it has not held property with a cumulative value exceeding £10,000 at any time since they were created; and
- it does not have an income exceeding £5,000 per annum.
If a settlor has created more than one express UK trust, only one of those trusts can benefit from this registration exemption.
Register of Overseas Entities (ROE)
Removal of home address from the ROE
Individuals listed on the ROE at Companies House can now apply to remove their home address from the public register. Companies House, law enforcement agencies and HMRC will still be able to access the information.
In most cases, the applicant must provide an alternative service address for correspondence. Limited exceptions apply.
Access to information not publicly available
Since August 2025, Companies House has allowed members of the public to apply for access to unpublished trust information held on the ROE. The government has now changed the requirements for a successful application.
An applicant no longer needs to know the name of the trust. This is important because trust names are not publicly available. Instead, the applicant only needs to provide the overseas entity name and ID number, both of which are available on the ROE.
Companies House also requires an applicant to show a “legitimate interest”, such as investigating money laundering or terrorist financing, before it will release trust information relating to a person under 18.
Previously, if the trust information included details about someone under 18, access to the other trust information could be blocked unless a legitimate interest was shown. The rules now allow Companies House to provide trust information that does not relate to a minor, even if other trust information about a minor is also held.
Key actions for trustees
TRS
Trustees should:
- review any non-UK trusts to check whether they hold UK land and need to register by 1 September 2027;
- check trust assets, values and income to confirm whether registration is still required; and
- confirm whether the trust is already registered and consider de-registration if registration is no longer needed
ROE
Trustees should check that any trust information provided to the ROE is accurate and up to date. Individuals whose home address appears on the public register may also wish to consider applying to remove it.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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