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Master Deed Of Trust for the United Kingdom

Master Deed Of Trust Template for England and Wales

A Master Deed of Trust is a comprehensive legal document under English and Welsh law that establishes the framework for managing assets held in trust. It sets out the relationships between settlors, trustees, and beneficiaries, defining their respective rights and obligations. The document incorporates provisions compliant with the Trustee Act 1925 and 2000, establishing investment powers, administrative procedures, and distribution mechanisms. It serves as the governing document for the trust arrangement, providing flexibility for various assets while maintaining regulatory compliance.

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Master Deed Of Trust

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What is a Master Deed Of Trust?

The Master Deed of Trust is essential when establishing a formal trust structure under English and Welsh law. This document is typically used when individuals or entities need to create a comprehensive trust arrangement for asset protection, estate planning, or wealth management purposes. It contains detailed provisions for trust administration, investment powers, and beneficiary rights, complying with relevant legislation including the Trustee Acts. The Master Deed of Trust is particularly valuable for complex trust arrangements involving multiple assets or beneficiaries, providing a robust legal framework that can accommodate future changes in circumstances while maintaining legal certainty.

What sections should be included in a Master Deed Of Trust?

1. Parties: Identifies the settlor, trustees, and beneficiaries of the trust

2. Background: Sets out the context, purpose, and intention behind establishing the trust

3. Definitions: Defines key terms and expressions used throughout the deed

4. Trust Property: Details of the assets being placed in trust and how they are to be held

5. Trustee Powers: Comprehensive list of powers granted to trustees in managing the trust

6. Distribution Provisions: Rules and mechanisms for distributing trust assets and income to beneficiaries

7. Administrative Provisions: Procedures for day-to-day management including appointment and retirement of trustees

What sections are optional to include in a Master Deed Of Trust?

1. Investment Powers: Specific investment authorities and restrictions beyond statutory powers, used for trusts with significant financial assets

2. Protector Provisions: Appointment and powers of trust protector, included for larger trusts requiring additional oversight

3. Perpetuity Period: Specific provisions regarding the trust's duration and termination, included when deviation from statutory period is desired

What schedules should be included in a Master Deed Of Trust?

1. Schedule 1 - Initial Trust Property: Detailed inventory of assets initially settled into the trust

2. Schedule 2 - Beneficiaries: Complete list of beneficiaries and their respective interests in the trust

3. Schedule 3 - Trustee Powers: Detailed enumeration of specific trustee powers and authorities

4. Schedule 4 - Investment Policy Statement: Guidelines and parameters for investment of trust assets

5. Appendix A - Letter of Wishes: Non-binding memorandum from settlor providing guidance on discretionary matters

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 | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Trust Deed

Cost

Free to use
Relevant legal definitions






























Clauses






























Industries

Trustee Act 1925: Foundational legislation defining trustee powers, duties, and administrative provisions. Establishes core investment powers for trustees.

Trustee Act 2000: Modern update to trust law covering trustee duty of care, enhanced investment powers, and delegation of trustee functions.

Law of Property Act 1925: Governs property rights and interests in England and Wales, particularly relevant for handling real property within trusts.

Perpetuities and Accumulations Act 2009: Sets out rules against perpetuities and restrictions on income accumulation within trusts.

Financial Services and Markets Act 2000: Relevant for trusts involving regulated financial activities and investment considerations.

Money Laundering Regulations 2017: Establishes Trust Registration Service requirements and registration obligations for certain types of trusts.

Common Law Fiduciary Duties: Uncodified legal principles establishing trustees' fiduciary responsibilities and obligations.

Trust Construction Rules: Common law rules governing the interpretation and construction of trust instruments.

Principles of Equity: Fundamental equitable principles underlying trust law and trustees' obligations in England and Wales.

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