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Agreement And Declaration Of Trust Template for England and Wales

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Key Requirements PROMPT example:

Agreement And Declaration Of Trust

"I need an Agreement and Declaration of Trust to establish a family trust for my property portfolio, with three trustees and discretionary powers for distribution among my children and grandchildren, to be effective from March 2025."

Document background
An Agreement and Declaration of Trust is utilized when parties wish to create a formal trust structure under the laws of England and Wales. This document is essential when establishing arrangements for asset protection, family wealth management, property holding, or charitable purposes. It comprehensively details the trust property, trustees' powers and duties, beneficiaries' rights, and administrative provisions. The document ensures compliance with relevant trust legislation and provides a clear framework for trust management. It's particularly valuable for long-term asset management, succession planning, and protecting beneficiaries' interests.
Suggested Sections

1. Parties: Identifies settlor(s), trustee(s), and beneficiaries

2. Background: Sets out context and purpose of the trust

3. Definitions: Key terms used throughout the document

4. Declaration of Trust: Formal declaration creating the trust

5. Trust Property: Description of assets held in trust

6. Trustees' Powers: Powers granted to trustees in managing trust

7. Beneficiaries' Rights: Rights and entitlements of beneficiaries

Optional Sections

1. Investment Powers: Specific investment authorities beyond statutory powers - recommended for trusts with significant financial assets

2. Appointment and Removal of Trustees: Process for changing trustees - recommended for long-term trusts with likely trustee changes

3. Trust Period: Duration of trust and termination provisions - recommended for trusts with specific time limitations

Suggested Schedules

1. Schedule 1: Trust Property: Detailed inventory of trust assets

2. Schedule 2: Investment Guidelines: Specific investment parameters if applicable

3. Schedule 3: Beneficiaries: Full details of beneficiaries and their respective interests

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

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Relevant Industries
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Relevant Roles
Industries

Trustee Act 1925: Fundamental legislation defining trustees' powers and duties, rules for appointment and retirement of trustees, and establishing basic investment powers

Trustee Act 2000: Modern update to trust law introducing statutory duty of care, enhanced investment powers, and delegation provisions for trustees

Law of Property Act 1925: Key legislation dealing with legal estates and interests in land, trust formalities, and property-related trust provisions

Money Laundering Regulations 2017: Establishes Trust Registration Service requirements and anti-money laundering compliance obligations for express trusts

Perpetuities and Accumulations Act 2009: Sets out rules against perpetuities and defines permissible accumulation periods for trusts

Financial Services and Markets Act 2000: Regulatory framework relevant when trust involves regulated investments or financial services

Trusts of Land and Appointment of Trustees Act 1996: Specific legislation governing trusts of land and the appointment of trustees in land-related matters

Variation of Trusts Act 1958: Provides statutory powers and procedures for varying trust terms and conditions

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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