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Absolute Trust Deed for the United Kingdom

Absolute Trust Deed Template for England and Wales

An Absolute Trust Deed is a legal document used in England and Wales to create an irrevocable trust arrangement where assets are permanently transferred from a settlor to trustees for the benefit of specified beneficiaries. The deed establishes the trust's terms, trustee powers, and beneficiary rights, creating immediate and absolute beneficial interests that cannot be altered or revoked by the settlor once established.

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What is a Absolute Trust Deed?

An Absolute Trust Deed is a fundamental legal instrument in England and Wales used when individuals wish to make an outright gift of assets while maintaining professional management through trustees. This type of trust deed is particularly useful for inheritance tax planning, as it creates an immediate disposition of assets, removing them from the settlor's estate. The document details the trust property, beneficiary entitlements, trustee powers, and administrative provisions, creating a binding arrangement that cannot be reversed once executed. It's commonly used in estate planning, family wealth management, and business succession planning.

What sections should be included in a Absolute Trust Deed?

1. Parties: Details of settlor, trustees, and any other relevant parties

2. Background: Context and purpose of the trust creation

3. Definitions: Key terms used throughout the deed

4. Trust Declaration: Formal declaration of trust and transfer of assets

5. Beneficiaries: Clear identification of trust beneficiaries

6. Trustees' Powers: Detailed powers granted to trustees

7. Administrative Provisions: Day-to-day management of trust

What sections are optional to include in a Absolute Trust Deed?

1. Investment Powers: Specific investment authorities beyond statutory powers - used when specific investment restrictions or permissions are required

2. Appointment and Retirement of Trustees: Process for changing trustees - used when standard statutory provisions need modification

3. Delegation Provisions: Specific delegation powers - used when trustees need additional delegation authority

What schedules should be included in a Absolute Trust Deed?

1. Schedule 1: Trust Property: Detailed list of assets transferred into trust

2. Schedule 2: Additional Powers: Supplementary trustee powers beyond main deed

3. Schedule 3: Beneficiary Details: Full beneficiary information and entitlements

4. Appendix A: Investment Guidelines: Specific investment parameters if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Trust Deed

Cost

Free to use

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