The Revocable Deed of Trust is a fundamental estate planning tool in Canadian jurisdictions, designed to provide flexibility and control in asset management while offering potential tax and succession planning benefits. This document is typically used when individuals wish to create a trust structure that can be modified or revoked during their lifetime, making it particularly suitable for evolving family circumstances or changing financial situations. It encompasses comprehensive provisions for trust administration, asset management, and beneficiary distributions, while complying with both federal and provincial trust laws. The document is especially valuable for individuals seeking to maintain control over their assets while establishing a framework for future asset distribution and management.
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1. Parties: Identifies and defines the Settlor(s), Trustee(s), and Beneficiaries of the trust
2. Background: Sets out the context and purpose for creating the trust
3. Definitions: Defines key terms used throughout the deed
4. Trust Creation: Formally establishes the trust and specifies the property being placed in trust
5. Trust Purpose: States the specific purposes and objectives of the trust
6. Powers of Revocation: Details the settlor's rights to revoke or amend the trust
7. Trustee Powers: Comprehensive list of powers granted to the trustee(s) in managing trust assets
8. Trustee Duties: Specifies the obligations and responsibilities of the trustee(s)
9. Distribution Provisions: Details how and when trust assets are to be distributed to beneficiaries
10. Trust Administration: Covers administrative aspects including accounting, reporting, and decision-making processes
11. Successor Trustees: Provisions for appointment of replacement trustees
12. Trust Termination: Conditions and procedures for trust termination
13. Governing Law: Specifies that the trust is governed by Canadian law and relevant provincial legislation
1. Co-Trustee Provisions: Include when multiple trustees are appointed to act simultaneously
2. Spendthrift Provisions: Include to protect beneficiaries' interests from creditors
3. Tax Planning Provisions: Include specific tax planning mechanisms when trust is part of tax optimization strategy
4. Digital Assets: Include when trust property includes digital assets or cryptocurrency
5. Minor Beneficiary Provisions: Include when beneficiaries include minors
6. Disability Provisions: Include when trust is designed to benefit disabled beneficiaries
7. Investment Guidelines: Include when specific investment restrictions or guidelines are needed
8. Conflict Resolution: Include when specific dispute resolution procedures are desired
1. Schedule A - Trust Property: Detailed inventory of initial trust assets and property
2. Schedule B - Beneficiary Designations: Detailed information about beneficiaries and their respective interests
3. Schedule C - Distribution Schedule: Specific timeline or conditions for trust distributions
4. Schedule D - Trustee Compensation: Details of trustee fees and compensation structure
5. Appendix 1 - Investment Policy Statement: Guidelines for investment of trust assets
6. Appendix 2 - Tax Planning Memorandum: Details of tax planning strategies and considerations
Relevant legal definitions
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Real Estate
Investment Management
Tax Advisory
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Relevant Teams
Legal
Wealth Management
Estate Planning
Trust Administration
Tax Advisory
Compliance
Risk Management
Private Client Services
Financial Planning
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Relevant Roles
Estate Planning Attorney
Trust Officer
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Financial Planner
Tax Advisor
Private Client Lawyer
Trust Administrator
Estate Planning Coordinator
Probate Specialist
Family Office Manager
Trust Account Manager
Compliance Officer
Risk Management Officer
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