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Formal Trust Agreement
"I need a Formal Trust Agreement for a family discretionary trust to manage our property portfolio and investments, with provisions for multiple adult children as beneficiaries and a corporate trustee structure."
1. Parties: Identifies and defines the Settlor, Trustee(s), and any Appointor/Principal
2. Background: Sets out the context and intention to create the trust
3. Definitions: Comprehensive definitions of terms used throughout the deed
4. Declaration of Trust: Formal establishment of the trust and confirmation of trust property receipt
5. Trust Name and Duration: Specifies the name of the trust and its vesting date/duration
6. Trustee Powers: Comprehensive list of powers granted to the trustee(s)
7. Trustee Duties and Obligations: Detailed responsibilities and obligations of the trustee(s)
8. Beneficiaries: Defines and identifies the beneficiaries and their entitlements
9. Income and Capital Distribution: Rules for distributing trust income and capital
10. Trust Administration: General administrative provisions and procedures
11. Trustee Indemnity and Liability: Provisions regarding trustee protection and limitation of liability
12. Amendment and Variation: Procedures for amending the trust deed
13. Termination and Winding Up: Provisions for terminating the trust and distributing assets
14. Governing Law: Specifies the governing law and jurisdiction
1. Charitable Purposes: Required for charitable trusts to specify charitable objectives and activities
2. Unit Holders Rights: Required for unit trusts to specify unit holder rights and obligations
3. Investment Strategy: Detailed investment parameters for trusts with significant investment activities
4. Foreign Beneficiary Provisions: Special provisions for trusts with international beneficiaries
5. Business Operation Rules: Required for trading trusts or those operating business activities
6. Sub-Trust Provisions: Provisions for creating and managing sub-trusts
7. Appointor Succession: Detailed provisions for appointor succession if required
8. Family Law Provisions: Special provisions for family trusts regarding relationship breakdowns
9. GST Provisions: Detailed GST handling provisions for trusts engaging in commercial activities
1. Schedule 1 - Initial Trust Property: Details of the initial settlement sum and any other initial trust assets
2. Schedule 2 - Named Beneficiaries: List of specifically named beneficiaries and their details
3. Schedule 3 - Trustee Remuneration: Details of trustee fees and remuneration structure
4. Schedule 4 - Excluded Beneficiaries: List of persons specifically excluded from benefiting from the trust
5. Schedule 5 - Meeting Procedures: Detailed procedures for trustee meetings and decision-making
6. Appendix A - Execution Requirements: Specific requirements for executing trust documents
7. Appendix B - Variation History: Record of amendments and variations to the trust deed
8. Appendix C - Compliance Checklist: Checklist of ongoing compliance requirements
Authors
Financial Services
Wealth Management
Legal Services
Family Business
Real Estate
Investment Management
Professional Services
Charitable Organizations
Education
Healthcare
Agriculture
Mining and Resources
Legal
Wealth Management
Trust Administration
Compliance
Tax Advisory
Estate Planning
Property Management
Investment Management
Risk Management
Corporate Services
Trust Lawyer
Estate Planning Attorney
Wealth Manager
Financial Advisor
Tax Consultant
Trust Administrator
Corporate Trustee Officer
Compliance Officer
Private Client Manager
Family Office Manager
Trust Accountant
Property Manager
Investment Manager
Risk Manager
Legal Counsel
Company Secretary
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