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Trust Fund Agreement Template for England and Wales

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Key Requirements PROMPT example:

Trust Fund Agreement

"I need a Trust Fund Agreement to establish a family trust for my three children, with investment restrictions limiting exposure to cryptocurrency and requirements for quarterly distributions of income starting from March 2025."

Document background
A Trust Fund Agreement is essential when establishing a formal trust structure under English and Welsh law. It serves as the foundational document defining how assets are to be held, managed, and distributed. This agreement is particularly crucial for wealth preservation, tax planning, charitable giving, and ensuring proper asset management for beneficiaries. The document must comply with current trust legislation and typically includes detailed provisions for trustee powers, investment guidelines, distribution rules, and beneficiary rights. Trust Fund Agreements are commonly used in both private wealth management and corporate settings, requiring careful consideration of tax implications and regulatory requirements.
Suggested Sections

1. Parties: Identification of settlor, trustees, and beneficiaries

2. Background: Purpose of the trust and context of its establishment

3. Definitions: Key terms used throughout the agreement

4. Trust Property: Description of assets being placed in trust

5. Trustee Powers: Scope of trustees' authority and investment powers

6. Distribution Provisions: Rules governing distributions to beneficiaries

7. Duration: Term of the trust and termination provisions

Optional Sections

1. Protector Provisions: Used when appointing a trust protector - for larger trusts requiring additional oversight

2. Investment Policy: Specific investment guidelines and restrictions - for trusts with substantial investment portfolios

3. Letter of Wishes: Non-binding guidance from settlor to trustees - when settlor wants to provide additional guidance

Suggested Schedules

1. Schedule of Initial Trust Property: Detailed list of initial assets placed in trust

2. Schedule of Beneficiaries: Complete list of beneficiaries and their interests

3. Investment Guidelines: Detailed investment parameters and restrictions

4. Fee Schedule: Trustee compensation and fee structure

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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Industries

Trustee Act 1925: Core legislation defining trustees' powers and duties, administrative provisions, and establishing fundamental investment powers for trusts in England and Wales

Trustee Act 2000: Modern update to trust law that establishes trustees' duty of care, enhanced investment powers, and delegation authorities

Money Laundering Regulations 2017: Establishes Trust Registration Service requirements and reporting 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: Relevant when trust involves regulated investment activities and financial services

Pensions Act 2004: Applicable legislation when trust includes pension elements or pension-related provisions

Income Tax Act 2007: Key tax legislation governing income taxation aspects of trusts

Taxation of Chargeable Gains Act 1992: Legislation covering capital gains tax implications for trust assets

Inheritance Tax Act 1984: Governs inheritance tax treatment of trusts and trust transfers

Fraud Act 2006: Provides framework for anti-fraud provisions in trust arrangements

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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