The Pocket Deed of Trust is specifically designed for situations where a straightforward trust arrangement needs to be established under Canadian law without the complexity of a full trust deed. This document type is particularly useful for settling smaller trusts, creating family trusts with straightforward terms, or establishing bare trusts for specific purposes. The Pocket Deed of Trust includes all legally required elements such as clear identification of parties, trust property, and distribution terms, while maintaining a concise format. It is commonly used in Canadian provinces where a more streamlined trust instrument is appropriate, particularly in scenarios where the trust arrangement is relatively straightforward and doesn't require extensive provisions for complex asset management or distribution schemes.
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1. Parties: Identifies the Settlor, Trustee(s), and Beneficiaries of the trust
2. Background: Sets out the context and intention to create the trust
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formal declaration establishing the trust and transferring property to trustees
5. Trust Property: Describes the assets being placed in trust
6. Trust Terms: Specifies the fundamental terms governing the trust
7. Trustee Powers: Lists the basic powers granted to trustees to administer the trust
8. Distribution Provisions: Specifies how and when trust property is to be distributed
9. Duration of Trust: States the term of the trust and conditions for termination
10. Governing Law: Specifies that the trust is governed by Canadian law
11. Execution: Signature block and attestation requirements
1. Successor Trustees: Used when providing for replacement trustees
2. Investment Powers: Include when trustees need specific investment authority beyond statutory powers
3. Minor Beneficiaries: Include when any beneficiaries are under age of majority
4. Accumulation Provisions: Used when income may need to be accumulated rather than distributed
5. Variation Powers: Include when flexibility to modify trust terms is desired
6. Tax Provisions: Include specific tax planning provisions when required
7. Conflict Resolution: Include when specific dispute resolution procedures are desired
1. Schedule A - Trust Property: Detailed inventory of initial trust assets
2. Schedule B - Beneficiary Details: Full names, addresses, and shares of beneficiaries
3. Schedule C - Special Instructions: Any specific instructions for trustees regarding trust administration
4. Appendix 1 - Trustee Powers: Comprehensive list of trustee powers beyond basic statutory powers
5. Appendix 2 - Investment Guidelines: Specific investment parameters and restrictions if applicable
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