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Simple Trust Agreement Template for Canada

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Key Requirements PROMPT example:

Simple Trust Agreement

"I need a Simple Trust Agreement to establish a family trust effective March 1, 2025, with my three adult children as beneficiaries, including provisions for quarterly distribution of investment income and specific powers for the trustee to manage a diverse investment portfolio."

Document background
The Simple Trust Agreement is a fundamental legal instrument used in Canadian trust law to create and document trust arrangements. This document is typically employed when individuals or entities wish to transfer assets to be managed by trustees for the benefit of specific beneficiaries, whether for family wealth management, charitable purposes, or estate planning. The agreement must comply with both federal legislation, such as the Income Tax Act, and provincial trust laws, which vary by jurisdiction. It includes essential provisions regarding trust property administration, trustee duties, beneficiary rights, and distribution terms. The Simple Trust Agreement is particularly valuable for straightforward trust arrangements where the primary goal is to establish clear, unambiguous terms for trust management while maintaining flexibility for future circumstances. It serves as the primary reference document for trustees in carrying out their fiduciary duties and for beneficiaries in understanding their entitlements.
Suggested Sections

1. Parties: Identifies the Settlor, 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 agreement

4. Declaration of Trust: Formal establishment of the trust and transfer of initial trust property

5. Trust Property: Describes the property being placed in trust and provisions for additional property

6. Distribution of Income and Capital: Specifies how and when trust income and capital are to be distributed to beneficiaries

7. Trustees' Powers: Outlines the powers granted to trustees in managing the trust

8. Trustees' Duties and Responsibilities: Details the obligations and responsibilities of the trustees

9. Appointment and Removal of Trustees: Process for appointing new trustees and removing existing ones

10. Trust Duration: Specifies the term of the trust and conditions for termination

11. Amendment Provisions: Procedures for modifying the trust agreement

12. Governing Law: Specifies that the agreement is governed by Canadian law

13. Execution: Signature blocks and execution requirements

Optional Sections

1. Perpetuity Period: Required if the trust might continue for an extended period, addressing rule against perpetuities

2. Investment Powers: Detailed investment guidelines and restrictions, needed for trusts with significant financial assets

3. Trustee Compensation: Include when trustees are to be compensated for their services

4. Tax Treatment: Specific provisions regarding tax planning and treatment, needed for complex tax situations

5. Conflict Resolution: Procedures for resolving disputes, recommended for larger or complex trusts

6. Successor Beneficiaries: Provisions for alternate beneficiaries, needed when planning for contingencies

7. Special Powers of Appointment: Powers to add or remove beneficiaries, useful for flexible family trusts

8. Advisory Committee: Establishment of a committee to advise trustees, useful for larger trusts

Suggested Schedules

1. Schedule A - Initial Trust Property: Detailed inventory and description of initial trust assets

2. Schedule B - Beneficiary Information: Complete details of beneficiaries and their respective interests

3. Schedule C - Distribution Schedule: Specific timing and conditions for distributions to beneficiaries

4. Schedule D - Trustee Powers: Comprehensive list of specific powers granted to trustees

5. Appendix 1 - Investment Policy Statement: Detailed investment guidelines and restrictions

6. Appendix 2 - Administrative Procedures: Procedures for trust administration and record-keeping

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Financial Services

Legal Services

Wealth Management

Estate Planning

Private Banking

Real Estate

Family Office

Charitable Organizations

Education

Healthcare

Relevant Teams

Legal

Wealth Management

Trust Administration

Compliance

Risk Management

Private Banking

Estate Planning

Tax Advisory

Investment Management

Client Services

Relevant Roles

Trust Officer

Estate Planning Attorney

Wealth Manager

Financial Advisor

Tax Accountant

Trust Administrator

Private Client Lawyer

Compliance Officer

Investment Manager

Estate Executor

Family Office Manager

Trust Operations Manager

Legal Counsel

Risk Manager

Relationship Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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