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Simple Declaration Of Trust Template for Ireland

A Declaration of Trust is a formal legal document used under Irish law to establish and evidence a trust arrangement. It clearly sets out the terms under which property or assets are held by trustees for the benefit of specified beneficiaries. The document details the precise nature of the trust property, the powers and duties of the trustees, the rights of the beneficiaries, and the terms governing the trust's administration. Governed by Irish trust law, particularly the Land and Conveyancing Law Reform Act 2009 and the Trustee Act 1893, this document creates a legally binding arrangement that provides clarity and protection for all parties involved.

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What is a Simple Declaration Of Trust?

A Simple Declaration of Trust is a crucial legal instrument used in Ireland when one party (the settlor) wishes to place assets or property in the care of another party (the trustee) for the benefit of specified individuals or entities (the beneficiaries). This document is commonly used in property transactions, family arrangements, and asset protection scenarios. It must comply with Irish trust law, including the Land and Conveyancing Law Reform Act 2009 and the Trustee Act 1893. The document typically includes details of the trust property, trustee powers and duties, beneficiary rights, and trust administration terms. A Simple Declaration of Trust is particularly useful in situations where clear documentation of beneficial ownership and trust arrangements is required, such as property co-ownership, family wealth planning, or asset protection structures.

What sections should be included in a Simple Declaration Of Trust?

1. Parties: Identifies and provides full details of the Settlor(s) and Trustee(s)

2. Background: Sets out the context of the trust creation and the intention to create a trust

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration establishing the trust and specifying the trust property

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

6. Powers of Trustees: Details the powers granted to the trustees in managing the trust

7. Duties of Trustees: Specifies the obligations and responsibilities of the trustees

8. Trust Period: Defines the duration of the trust and any conditions for its termination

9. Governing Law: Confirms that the trust is governed by Irish law

10. Execution: Space for signatures, witness details, and execution formalities

What sections are optional to include in a Simple Declaration Of Trust?

1. Appointment and Removal of Trustees: Include when there may be a need to change trustees in the future

2. Distribution Provisions: Include when specific rules for distributing trust assets or income are needed

3. Investment Powers: Include when trustees need specific investment authority beyond statutory powers

4. Trustee Remuneration: Include when trustees are to be compensated for their services

5. Variation Clause: Include when flexibility to modify trust terms may be needed

6. Confidentiality Provisions: Include when privacy of trust arrangements is particularly important

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

What schedules should be included in a Simple Declaration Of Trust?

1. Schedule 1 - Trust Property: Detailed description and/or inventory of the assets placed in trust

2. Schedule 2 - Beneficiaries: Full details of beneficiaries and their respective entitlements or shares

3. Schedule 3 - Special Conditions: Any specific conditions or restrictions relating to the trust

4. Appendix A - Trustee Powers: Comprehensive list of specific powers granted to trustees beyond statutory powers

5. Appendix B - Administrative Provisions: Detailed administrative procedures for managing the trust

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

Jurisdiction

Ireland

Document Type

Trust Agreement

Cost

Free to use

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