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Agreement And Declaration Of Trust

Agreement And Declaration Of Trust Template for Ireland

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Key Requirements PROMPT example:

Agreement And Declaration Of Trust

"I need an Agreement and Declaration of Trust to establish a family trust holding residential property and investment portfolios, with three trustees and discretionary powers for distribution among my four children, with provision for a trust protector to oversee major decisions."

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Document background
The Agreement and Declaration of Trust is a fundamental legal document used in Ireland to establish formal trust arrangements for various purposes, including estate planning, asset protection, and wealth management. This document is essential when parties wish to create a legally binding trust structure where assets are transferred from a settlor to trustees for the benefit of specified beneficiaries. It complies with Irish trust law requirements and includes comprehensive provisions for trust administration, trustee powers and duties, beneficiary rights, and distribution mechanisms. The document is commonly used in both personal and commercial contexts, such as family trusts, property holdings, and charitable arrangements. It must adhere to specific requirements under Irish legislation, including the Trustee Act 1893 and the Land and Conveyancing Law Reform Act 2009, and should be drafted with consideration of relevant tax implications and anti-money laundering regulations.
Suggested Sections

1. Parties: Identifies and defines the Settlor(s), Trustee(s), and any other parties to the trust deed

2. Background: Sets out the context and intention to create the trust, including the purpose of the trust arrangement

3. Definitions: Defines key terms used throughout the document for clarity and consistency

4. Declaration of Trust: Formal declaration establishing the trust and transferring the trust property to the trustees

5. Trust Property: Describes and identifies the property being placed in trust

6. Beneficiaries: Identifies and defines the beneficiaries and their respective interests in the trust

7. Trustees' Powers: Comprehensive list of powers granted to the trustees in managing the trust

8. Trustees' Duties: Sets out the obligations and responsibilities of the trustees

9. Trust Administration: Details the practical aspects of managing the trust, including decision-making processes

10. Distribution Provisions: Specifies how and when trust property or income is to be distributed to beneficiaries

11. Duration of Trust: Specifies the trust period and any termination conditions

12. Appointment and Retirement of Trustees: Procedures for appointing new trustees and handling trustee retirement or removal

13. Governing Law and Jurisdiction: Confirms Irish law as governing law and specifies jurisdiction for disputes

14. Execution: Formal execution clause and signature blocks for all parties

Optional Sections

1. Protector Provisions: Include when a trust protector is appointed to oversee certain trustee actions

2. Variation Powers: Include when specific powers to vary trust terms are required beyond statutory provisions

3. Investment Provisions: Include when specific investment powers or restrictions are needed beyond statutory powers

4. Remuneration Clause: Include when trustees are to be professionally remunerated

5. Minor Beneficiaries: Include when beneficiaries include minors requiring specific provisions

6. Letter of Wishes: Include reference when settlor provides non-binding guidance to trustees

7. Conflict Resolution: Include when specific dispute resolution procedures are desired

8. Tax Provisions: Include when specific tax planning arrangements need to be documented

9. Foreign Element Provisions: Include when trust has international aspects requiring specific provisions

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory and description of initial trust property

2. Schedule 2 - Beneficiaries: Detailed list of beneficiaries and their respective entitlements or shares

3. Schedule 3 - Trustees' Powers: Comprehensive list of specific powers granted to trustees beyond statutory powers

4. Schedule 4 - Administrative Provisions: Detailed procedures for trust administration and trustee meetings

5. Appendix A - Initial Letter of Wishes: Non-binding memorandum from settlor providing guidance to trustees

6. Appendix B - Investment Guidelines: Specific investment parameters and restrictions

7. Appendix C - Remuneration Schedule: Details of any professional trustee fees and payment arrangements

8. Appendix D - Deed of Retirement and Appointment: Template document for future trustee changes

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Legal Services

Real Estate

Wealth Management

Private Banking

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Relevant Teams

Legal

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Compliance

Private Client Services

Corporate Services

Risk Management

Tax Advisory

Estate Planning

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Relevant Roles

Trust Manager

Legal Counsel

Estate Planning Attorney

Wealth Manager

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Compliance Officer

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Risk Manager

Company Secretary

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