UK Register of Overseas Entities – private trust information now accessible to the public

We recently wrote about the draft UK legislation which, once implemented, would greatly expand public access to information about trusts involved in the ownership structures of overseas entities which hold the legal title to UK real estate.

As we noted in our previous article, overseas entities which hold the legal title to UK real estate have been obliged since 31 January 2023 to be registered on the UK's Register of Overseas Entities ('ROE').   In registering on the ROE, such entities must disclose their 'registrable beneficial owners' and information about any trusts which form part of the ownership structure.  The information about the trust which must be provided to the registrar includes the name of the settlor, trustees, beneficiaries and any protectors (or certain other powerholders), along with their addresses and dates of birth.

Information about trusts held by the ROE was to remain private under the original rules and not appear on the public facing register.  As of 31 August 2025, it has been possible for individuals to apply to the registrar to obtain a copy of that trust information.  In order to be successful, the application needed to specify the name of the overseas entity and the name of the trust.  The requirement for the applicant to know the name of the trust in order to make a successful application for the trust information afforded a great deal of indirect protection, as generally speaking information about trusts is not publicly available.

Effective as of 7 July 2026, the requirement for such applications to include the name of the trust has been removed.  It is now possible for any individual to obtain trust information in relation to any registered overseas entity upon submission of an application identifying the overseas entity and the payment of £55.

The name of all overseas entities is available at Companies House and presently such applications are processed quickly – we have had an application turned around in less than 24 hours.  Information about minors will generally be withheld from disclosure.

This newly enlarged access by the public to trust information is a significant concern for trustees of non-UK resident trusts.  It may be the case, for example, that certain individuals are unaware of the fact that they are within the beneficial class of a discretionary trust but could now become so aware, either by making their own application or by coming into possession of the results of a successful application made by another party.   We have spoken with trustees who are concerned that the opening of access to trust information by any interested individual will increase the risk of trust disputes arising.  Those in occupation of UK real estate which is held in affected structures may also be concerned about their privacy and security as well as that of their family members.  

As noted in our previous article, applications for protection of trust information have a high bar to clear – the individual for whom protection is sought must face a serious risk of being subjected to violence or intimidation as a result of their association with the overseas entity.

Trusts, while often within the scope of registration with various government bodies, are generally not subject to public disclosure requirements in the same way as companies often are.  This is the case not only in the UK but in many other jurisdictions too.  Trusts have been and continue to be an appropriate tool in the right circumstances for private estate planning within families.   However, the ability of an applicant now to freely obtain information about the individuals involved in a trust arrangement where a registered overseas entity is part of the structure is a serious blow to privacy.

Trustees and other interested parties should review their structures now and take advice on whether any steps can be taken to protect information or restructure holdings in order to protect the privacy of beneficiaries or other parties.

We regularly advise trustees and family offices on asset structuring, taking into account tax, legal and privacy considerations, among other matters.  If you would like to talk to us, please get in touch.