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Testamentary Trust Deed Template for Indonesia

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Key Requirements PROMPT example:

Testamentary Trust Deed

"I need a Testamentary Trust Deed under Indonesian law to manage my family business interests and real estate holdings, with distribution provisions for my three adult children who will act as co-trustees, ensuring the business continues operating smoothly after my death."

Document background
The Testamentary Trust Deed is a crucial estate planning instrument in Indonesia used to ensure the orderly management and distribution of assets after death. This document becomes particularly important when there's a need to protect and manage assets for beneficiaries who may be minors, have special needs, or require structured distribution of inheritance. The deed must navigate the unique aspects of Indonesian law, which doesn't directly recognize common law trusts but provides for similar structures through the Civil Code and Foundation Law. A properly executed Testamentary Trust Deed needs to be notarized and must comply with local inheritance laws, including Islamic law provisions where applicable. It typically includes detailed provisions for asset management, beneficiary rights, trustee powers, and distribution mechanisms, making it essential for comprehensive estate planning in Indonesia.
Suggested Sections

1. Parties: Identifies the Testator, initial Trustee(s), and Beneficiaries

2. Background: Sets out the context and intention to establish the testamentary trust

3. Definitions and Interpretation: Defines key terms and interpretation rules used throughout the deed

4. Declaration of Trust: Formal establishment of the trust and transfer of assets upon death

5. Trust Property: Detailed description of assets to be held in trust

6. Trust Period: Duration of the trust and conditions for termination

7. Trustee Powers and Duties: Comprehensive list of trustee authorities and responsibilities

8. Beneficiary Rights and Interests: Details of beneficiary entitlements and distribution rules

9. Distribution Provisions: Specific rules for income and capital distribution

10. Administrative Provisions: General provisions for trust administration and record-keeping

11. Appointment and Removal of Trustees: Process for trustee succession and removal

12. Amendment and Variation: Circumstances and process for modifying trust terms

13. Governing Law and Jurisdiction: Confirmation of Indonesian law application and dispute resolution

14. Execution and Attestation: Formal execution requirements and witness provisions

Optional Sections

1. Islamic Law Compliance: Required for Muslim testators to ensure compliance with Islamic inheritance principles

2. Foreign Asset Provisions: Required when trust includes assets located outside Indonesia

3. Business Interest Management: Required when trust property includes business ownership interests

4. Guardian Provisions: Required when beneficiaries include minor children

5. Charitable Giving Provisions: Optional section for including charitable beneficiaries

6. Special Needs Provisions: Required when beneficiaries include persons with disabilities

7. Investment Guidelines: Optional detailed investment policies and restrictions

8. Tax Planning Provisions: Optional specific provisions for tax efficiency

9. Conflict Resolution: Optional detailed dispute resolution procedures

Suggested Schedules

1. Schedule A - Trust Property: Detailed inventory of initial trust assets

2. Schedule B - Beneficiary Details: Full details of beneficiaries and their respective entitlements

3. Schedule C - Distribution Rules: Specific rules and conditions for trust distributions

4. Schedule D - Trustee Powers: Comprehensive list of specific trustee powers and limitations

5. Schedule E - Fee Schedule: Details of trustee compensation and allowable expenses

6. Appendix 1 - Asset Documentation: Copies of relevant asset ownership documents

7. Appendix 2 - Family Tree: Family relationship diagram for reference

8. Appendix 3 - Certification Documents: Required legal and notarial certificates

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

Relevant legal definitions



















































Clauses










































Relevant Industries

Legal Services

Financial Services

Wealth Management

Estate Planning

Private Banking

Real Estate

Tax Advisory

Trust Services

Family Office Services

Professional Services

Notarial Services

Relevant Teams

Legal

Wealth Management

Estate Planning

Trust Administration

Private Banking

Tax Advisory

Compliance

Property Management

Financial Planning

Family Office

Relevant Roles

Estate Planning Lawyer

Trust Officer

Private Wealth Manager

Notary Public

Tax Advisor

Financial Planner

Trust Administrator

Legal Counsel

Wealth Management Advisor

Estate Administrator

Private Banking Manager

Family Office Manager

Property Manager

Compliance Officer

Trust Operations Manager

Industries







Teams

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