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Hold Harmless Agreement For Trustee Template for England and Wales

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Key Requirements PROMPT example:

Hold Harmless Agreement For Trustee

"I need a Hold Harmless Agreement For Trustee to protect me as a professional trustee managing a family trust worth £5 million, with specific coverage for investment decisions and property management starting from March 2025."

What is a Hold Harmless Agreement For Trustee?

A Hold Harmless Agreement For Trustee is crucial when establishing or managing trusts under English and Welsh law. This document is typically used when trustees require additional protection beyond standard trustee indemnity provisions, particularly in complex trust arrangements or high-value estates. It details the extent of protection, exceptions, and obligations of all parties involved. The agreement is especially important in situations where trustees are taking on significant responsibilities or when the trust assets involve substantial risk. It provides clarity on liability limitations while ensuring compliance with the Trustee Act 2000 and related legislation.

What sections should be included in a Hold Harmless Agreement For Trustee?

1. Parties: Identifies and defines the indemnifying party and the trustee

2. Background: Explains the context of the trust and reason for the hold harmless agreement

3. Definitions: Defines key terms used throughout the agreement including 'Trust', 'Trustee', 'Indemnifying Party', and relevant legislation

4. Scope of Indemnity: Details what actions and circumstances are covered by the hold harmless agreement

5. Duration: Specifies how long the indemnity remains in effect

6. Governing Law: Confirms the agreement is governed by English and Welsh law

What sections are optional to include in a Hold Harmless Agreement For Trustee?

1. Insurance Requirements: Details any insurance obligations and minimum coverage requirements for the trustee

2. Exceptions to Indemnity: Lists specific circumstances where the indemnity does not apply, such as willful misconduct or gross negligence

3. Dispute Resolution: Specifies procedures for resolving any disputes related to the agreement, including mediation or arbitration provisions

What schedules should be included in a Hold Harmless Agreement For Trustee?

1. Schedule 1: Trust Assets: Comprehensive list of trust assets covered by the indemnity agreement

2. Schedule 2: Specific Duties: Detailed outline of trustee duties and responsibilities covered by the indemnity

3. Appendix A: Related Trust Documents: List of related trust documents and their relevance to this agreement

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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Industries

Trustee Act 2000: Primary legislation governing trustees' general powers and duties, standard of care requirements, and investment/delegation powers

Trustee Act 1925: Foundational legislation covering fundamental trustee powers, responsibilities, appointment/retirement procedures, and basic administrative powers

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce contract terms and relevant exclusion clauses in agreements

Law of Equity and Trusts: Common law principles covering fiduciary duties, duty of care, and the prudent person principle in trust management

Contract Law Fundamentals: Basic principles including consideration, intention to create legal relations, and capacity to contract

Financial Services and Markets Act 2000: Regulatory framework relevant when trust involves regulated financial activities

Limitation Act 1980: Legislation establishing time limits for bringing claims related to trust matters

Unfair Contract Terms Act 1977: Legislation governing the reasonableness of exclusion clauses in contracts and agreements

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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