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Trust Agreement
I need a trust agreement to establish a family trust for estate planning purposes, designating myself as the settlor and my sibling as the trustee, with provisions for the distribution of assets to my children upon reaching the age of 25. The agreement should include clauses for trustee powers, revocation, and amendment, and comply with UAE legal requirements.
What is a Trust Agreement?
A Trust Agreement creates a legal arrangement in the UAE where one party (the trustor) transfers assets to another party (the trustee) to manage those assets for specific beneficiaries. These agreements have become increasingly important since the UAE's Trust Law of 2020, especially in Dubai's financial sector and family wealth planning.
The trustee takes legal ownership of the assets but must manage them according to strict rules set out in the agreement. This structure helps protect family wealth, manage business succession, and create investment vehicles while following UAE Sharia compliance requirements. The agreement specifies how assets should be distributed, investment guidelines, and the trustee's responsibilities.
When should you use a Trust Agreement?
Trust Agreements become essential when you need to protect and manage significant assets across generations in the UAE. Common situations include setting up inheritance arrangements that comply with both Sharia and civil law, structuring business succession plans, or establishing charitable foundations under UAE Trust Law.
They're particularly valuable for expatriate families managing cross-border assets, UAE business owners planning leadership transitions, and high-net-worth individuals seeking confidential wealth management solutions. The agreement helps prevent family disputes, ensures smooth business continuity, and provides tax-efficient asset protection while maintaining compliance with UAE financial regulations.
What are the different types of Trust Agreement?
- Declaration Of Trust: Basic trust document establishing formal asset management arrangements, commonly used for simple trust structures in the UAE
- Real Estate Trust Agreement: Specifically designed for property holdings in UAE free zones and designated areas where foreign ownership is permitted
- Revocable Living Trust Agreement: Flexible trust that can be modified during the trustor's lifetime, popular among UAE expatriates for estate planning
- Land Trust Agreement: Specialized arrangement for holding and managing land assets under UAE property laws
Who should typically use a Trust Agreement?
- Trustors (Settlors): Individuals or families transferring assets into the trust, often UAE residents or business owners protecting wealth
- Trustees: Licensed UAE financial institutions, professional trustees, or qualified individuals managing the trust assets
- Beneficiaries: Family members, business successors, or charitable organizations receiving benefits from the trust
- Legal Advisors: UAE-licensed lawyers specializing in trust law who draft and review agreements
- DIFC/ADGM Authorities: Regulatory bodies overseeing trust operations in UAE financial free zones
- Financial Advisors: Professionals helping structure trusts for tax efficiency and Sharia compliance
How do you write a Trust Agreement?
- Asset Details: List all properties, investments, and assets to be placed in trust, including current valuations and ownership documents
- Trust Purpose: Define clear objectives, such as family wealth preservation, business succession, or charitable giving
- Party Information: Gather trustee credentials, beneficiary details, and any professional advisors' licenses
- Distribution Rules: Outline specific conditions for asset distribution, considering Sharia compliance if required
- Regulatory Compliance: Check UAE Trust Law requirements and free zone regulations where applicable
- Documentation Review: Our platform generates customized trust agreements that meet UAE legal standards while simplifying the drafting process
What should be included in a Trust Agreement?
- Trust Identification: Names and details of trustor, trustees, and beneficiaries, plus trust purpose and duration
- Asset Schedule: Detailed inventory of all properties and assets being transferred into the trust
- Distribution Terms: Clear rules for how and when beneficiaries receive trust benefits
- Trustee Powers: Specific authorities granted for asset management and investment decisions
- Compliance Clauses: References to UAE Trust Law and relevant free zone regulations
- Modification Rights: Conditions for amending or revoking the trust
- Governing Law: Explicit statement choosing UAE jurisdiction and applicable emirate
- Execution Block: Signature sections with witness requirements per UAE standards
What's the difference between a Trust Agreement and a Co-Ownership Agreement?
A Trust Agreement differs significantly from a Co-Ownership Agreement in several key aspects, though both deal with asset management in the UAE. While a Trust Agreement creates a fiduciary relationship where trustees manage assets for beneficiaries, a Co-Ownership Agreement simply defines how multiple parties share and manage property together.
- Legal Structure: Trust Agreements transfer legal ownership to trustees, while Co-Ownership Agreements maintain direct ownership among parties
- Fiduciary Duty: Trustees have strict legal obligations to manage assets for beneficiaries' interests; co-owners only have obligations to each other
- Asset Protection: Trust Agreements offer stronger asset protection and succession planning benefits under UAE law
- Regulatory Oversight: Trusts face stricter regulatory requirements, especially in UAE financial free zones
- Duration: Trust Agreements often span generations, while Co-Ownership Agreements typically last until property sale or partition
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