A Second Trust Deed becomes necessary when changes to an existing trust arrangement are required under English and Welsh law. This document is commonly used when the original trust deed needs updating due to changed circumstances, new legislation, or practical requirements. The Second Trust Deed maintains the fundamental existence of the trust while modifying specific aspects such as trustee powers, administrative provisions, or beneficiary arrangements. It must comply with current trust law requirements and typically includes detailed references to the original trust deed while clearly stating the modifications being made.
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1. Parties: Details of trustees, settlor, and beneficiaries
2. Background: Context of first trust deed and reason for second trust deed
3. Definitions: Key terms used throughout the deed
4. Declaration of Trust: Core trust provisions and modifications to original trust
5. Powers of Trustees: Specific powers granted to trustees
6. Administrative Provisions: Day-to-day management of trust
7. Execution: Signing provisions and attestation
1. Investment Powers: Specific investment authorities and restrictions - include when trust involves significant investment activities
2. Appointment and Removal of Trustees: Process for changing trustees - include when original deed needs updating on trustee changes
3. Variation Powers: Ability to modify trust terms - include when flexibility is needed for future changes
1. Schedule 1: Trust Property: Details of assets held in trust
2. Schedule 2: Original Trust Provisions: Reference to relevant provisions from first trust deed
3. Schedule 3: Modified Powers: Detailed modifications to original trust powers
4. Appendix A: Consent Forms: Signed consents from relevant parties
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