The Wraparound Deed of Trust is utilized when parties need to establish a trust structure that accommodates both existing and new financing arrangements. This document type is particularly relevant in England and Wales where property or assets are held in trust and additional financing is required without disturbing existing loan arrangements. The deed sets out the rights and obligations of all parties, including trustees' powers, beneficiary interests, and the relationship between different layers of financing. It must comply with both trust law principles and specific requirements for secured lending under English law.
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1. Parties: Identifies all parties to the trust including settlor, trustees, and beneficiaries
2. Background: Sets out the context and purpose of the trust arrangement
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formal declaration creating the trust and specifying the trust property
5. Trustee Powers: Details the powers granted to trustees in managing the trust
6. Trust Terms: Specifies how the trust property is to be held and distributed
7. Duration of Trust: Specifies the term of the trust and termination conditions
1. Investment Powers: Specific investment powers beyond statutory provisions - use when trust involves significant investment activities
2. Appointment and Removal of Trustees: Procedure for changing trustees - use when specific provisions beyond statutory ones are needed
3. Protection Clauses: Additional trustee protection provisions - use when trustees require additional protection
1. Schedule 1: Trust Property: Detailed description of property held in trust
2. Schedule 2: Beneficiaries: List of beneficiaries and their respective interests
3. Schedule 3: Investment Powers: Detailed investment guidelines and restrictions
4. Schedule 4: Administrative Provisions: Detailed administrative procedures and requirements
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