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Agreement And Declaration Of Trust

Agreement And Declaration Of Trust Template for New Zealand

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Key Requirements PROMPT example:

Agreement And Declaration Of Trust

"I need an Agreement and Declaration of Trust for a family trust to be established by March 2025, which will hold residential property and investment assets, with specific provisions for distribution to my three children and their future offspring."

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Document background
The Agreement and Declaration of Trust is a fundamental document used in New Zealand to formally establish and govern trust arrangements, whether for family wealth protection, business succession, charitable purposes, or asset management. This document is essential when parties wish to create a legally binding trust structure that complies with the Trusts Act 2019 and related New Zealand legislation. It sets out the complete framework for the trust's operation, including the initial settlement, trustee appointments, beneficiary rights, distribution rules, and administrative procedures. The document is particularly important in contexts requiring clear documentation of asset protection, succession planning, or charitable giving, and must be carefully drafted to ensure it meets both the specific requirements of New Zealand trust law and the particular needs of the parties involved.
Suggested Sections

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

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

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

4. Declaration of Trust: Formal declaration establishing the trust and transfer of initial trust property

5. Trust Name and Period: Specifies the name of the trust and its duration/vesting date

6. Beneficiaries: Defines and identifies the beneficiaries and classes of beneficiaries

7. Powers of Trustees: Comprehensive list of trustees' powers in managing and administering the trust

8. Trustee Duties and Responsibilities: Details mandatory and default duties as per the Trusts Act 2019

9. Appointment and Removal of Trustees: Procedures for appointing new trustees and removing existing ones

10. Trust Administration: General administrative provisions including meetings, decisions, and record-keeping

11. Income and Capital Distributions: Rules governing how income and capital can be distributed to beneficiaries

12. Variation and Termination: Provisions for amending the trust deed and terminating the trust

Optional Sections

1. Charitable Purposes: Required if the trust has charitable purposes, defining specific charitable objectives and requirements

2. Business Operations: Include when the trust will operate a business, detailing specific powers and limitations

3. Protector Provisions: Include when appointing a trust protector, defining their role, powers, and duties

4. Foreign Asset Provisions: Required if the trust will hold overseas assets, addressing international jurisdictional issues

5. Perpetuity Period Modification: Include if specific perpetuity arrangements different from the statutory default are needed

6. Special Powers: Include for specific powers needed for unique trust purposes or assets

7. Conflict Resolution: Optional section detailing dispute resolution procedures between trustees or with beneficiaries

8. Remuneration of Trustees: Include if trustees are to be professionally remunerated for their services

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Details of property initially settled on the trust

2. Schedule 2 - Named Beneficiaries: List of specifically named beneficiaries and their details

3. Schedule 3 - Trustee Powers: Detailed list of specific powers granted to trustees

4. Schedule 4 - Trustee Remuneration: Details of any agreed trustee remuneration arrangements

5. Schedule 5 - Meeting Procedures: Detailed procedures for trustee meetings and decision-making

6. Appendix A - Execution Requirements: Requirements for proper execution of trust documents

7. Appendix B - Certification: Required certifications and declarations by parties

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
Relevant legal definitions




















































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Relevant Industries

Private Wealth Management

Financial Services

Real Estate

Family Business

Asset Management

Professional Services

Investment Management

Charitable Organizations

Agriculture

Property Development

Corporate Services

Estate Planning

Relevant Teams

Legal

Wealth Management

Trust Administration

Private Client Services

Compliance

Tax Advisory

Estate Planning

Asset Management

Corporate Services

Investment Advisory

Relevant Roles

Trust Lawyer

Estate Planning Attorney

Wealth Manager

Financial Advisor

Trust Administrator

Private Client Advisor

Tax Consultant

Corporate Trustee

Legal Counsel

Compliance Officer

Family Office Manager

Trust Account Manager

Estate Planning Specialist

Property Manager

Investment Advisor

Industries







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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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