The Family Trust Deed is essential for high-net-worth individuals and families seeking to establish a formal trust structure in Switzerland for wealth preservation and succession planning. While Switzerland operates under civil law, its ratification of the Hague Trust Convention allows for the recognition and operation of trusts, making it a popular jurisdiction for international families. The Family Trust Deed must carefully balance common law trust principles with Swiss legal requirements, particularly regarding forced heirship rules, tax implications, and anti-money laundering regulations. The document typically includes detailed provisions for asset management, beneficiary distributions, trustee powers, and governance structures, often incorporating specific clauses for international assets and cross-border considerations. It serves as the primary reference point for trustees, beneficiaries, and advisors throughout the trust's existence.
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1. Parties: Identifies the Settlor(s), Trustee(s), and initial Beneficiaries
2. Background: Sets out the context and purpose of establishing the family trust
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formal establishment of the trust and transfer of initial trust property
5. Trust Period: Defines the duration of the trust and any termination events
6. Beneficiaries and Their Interests: Details the beneficial class and nature of their entitlements
7. Trustee Powers: Comprehensive list of trustees' administrative and dispositive powers
8. Trustee Duties and Responsibilities: Outlines the obligations and standards of care required from trustees
9. Trust Administration: Procedures for day-to-day management and decision-making
10. Income and Capital Distributions: Rules governing how and when trust assets can be distributed
11. Appointment and Removal of Trustees: Procedures for changing trustees
12. Governing Law and Jurisdiction: Confirms Swiss law application and jurisdiction
13. Amendment Provisions: Procedures for modifying trust terms
14. Execution and Attestation: Formal execution requirements and witness provisions
1. Protector Provisions: Include when a trust protector is appointed to oversee certain trustee actions
2. Letter of Wishes: Include when the settlor wishes to provide non-binding guidance to trustees
3. Foreign Asset Provisions: Include when trust holds assets in multiple jurisdictions
4. Family Council: Include when establishing a formal structure for family governance
5. Conflict Resolution: Include detailed dispute resolution procedures when family conflicts are anticipated
6. Business Interest Provisions: Include when trust holds family business interests
7. Charitable Provisions: Include when part of the trust is dedicated to charitable purposes
1. Schedule of Initial Trust Property: Detailed inventory of assets initially settled into the trust
2. Schedule of Beneficiaries: Complete list of initial beneficiaries and their details
3. Schedule of Trustee Powers: Detailed enumeration of specific powers granted to trustees
4. Investment Guidelines: Parameters for investment of trust assets
5. Fee Schedule: Details of trustee remuneration and trust expense provisions
6. Deed of Addition: Template for adding future assets to the trust
7. Conflict Check Procedures: Protocol for identifying and managing conflicts of interest
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