The Constructive Trust Agreement is essential in Philippine legal practice when circumstances indicate that property legally owned by one party should rightfully benefit another party based on principles of equity and fairness. This document becomes necessary in situations such as failed property transfers, breach of fiduciary duty, or when property is acquired through mistake or fraud. The agreement, governed by Philippine civil law, particularly the Civil Code's provisions on implied trusts, formalizes the trust relationship by clearly defining the trust property, establishing the trustee's obligations, and protecting the beneficiary's interests. It includes detailed provisions for property management, accounting requirements, and eventual transfer of the property to the rightful beneficiary, while ensuring compliance with local property and trust laws, tax regulations, and anti-money laundering requirements.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the trustee and beneficiary, including their full legal names, addresses, and capacities
2. Background: Recitals explaining the circumstances leading to the creation of the constructive trust, including the basis for the equitable obligation
3. Definitions: Definitions of key terms used throughout the agreement
4. Declaration of Trust: Formal declaration of the constructive trust and acknowledgment of the trustee's obligations
5. Trust Property: Detailed description and identification of the property subject to the constructive trust
6. Trustee's Obligations: Specific duties and responsibilities of the trustee regarding the trust property
7. Beneficiary's Rights: Rights of the beneficiary in relation to the trust property and the trust relationship
8. Transfer of Trust Property: Provisions governing how and when the trust property will be transferred to the beneficiary
9. Accounting and Reports: Requirements for the trustee to maintain records and provide accounting to the beneficiary
10. Termination: Circumstances and procedures for terminating the trust
11. Governing Law: Specification that the agreement is governed by Philippine law and relevant provisions
12. Execution: Signature blocks and execution requirements
1. Multiple Beneficiaries: Additional provisions for cases involving multiple beneficiaries, including their respective rights and interests
2. Security Arrangements: Provisions for additional security measures to protect the trust property when dealing with high-value assets
3. Dispute Resolution: Specific procedures for resolving disputes, including mediation or arbitration provisions
4. Tax Provisions: Specific provisions addressing tax implications and responsibilities when significant tax consequences are involved
5. Insurance: Requirements for insurance of trust property where applicable
6. Successor Trustee: Provisions for appointment of successor trustees in case of death, incapacity, or resignation
7. Third Party Rights: Provisions addressing the rights of any third parties with interest in the trust property
8. Confidentiality: Provisions regarding confidentiality of trust arrangements when privacy is a concern
1. Schedule A - Trust Property Details: Detailed inventory and description of all property subject to the trust
2. Schedule B - Property Documents: Copies of relevant property titles, registration documents, and other evidence of ownership
3. Schedule C - Related Agreements: Copies of any related agreements or documents that gave rise to the constructive trust
4. Schedule D - Valuation Reports: Independent valuation reports of trust property where applicable
5. Appendix 1 - Communication Protocols: Procedures for communications between trustee and beneficiary
6. Appendix 2 - Accounting Requirements: Detailed requirements for maintaining and reporting trust accounts
Find the exact document you need
Legal Trust Agreement
A Philippine law-governed agreement establishing a trust relationship, detailing asset transfer, management obligations, and beneficiary rights.
Download
Life Insurance Trust Agreement
A Philippine-law governed agreement establishing a trust to hold and manage life insurance policies, defining trustee duties and beneficiary distributions under local insurance and trust regulations.
Download
Trust Agreement For Shares
A Philippine law-governed agreement establishing a trust arrangement for corporate shares, defining the relationship between settlor, trustee, and beneficiaries.
Download
Declaration Of Trust Property
A Philippine legal document establishing a trust arrangement where property is transferred to trustees for management on behalf of beneficiaries, governed by Philippine law.
Download
Nominee Declaration Of Trust
A Philippine law-governed declaration establishing a trust relationship where a nominee holds legal title to assets on behalf of a beneficial owner.
Download
Addendum To Trust Deed
A Philippine law-governed document that modifies an existing trust deed by amending specific provisions while maintaining the original trust structure.
Download
Real Property Trust Agreement
A Philippine law-governed agreement establishing a trust over real property, defining the relationship between settlor, trustee, and beneficiaries.
Download
Personal Property Trust Agreement
A Philippine law-governed agreement establishing a trust relationship for personal property management, defining trustee duties and beneficiary rights.
Download
Joint Trust Agreement
A Philippine law-governed agreement establishing a joint trust arrangement between multiple trustors, trustees, and beneficiaries, regulated by BSP and Civil Code provisions.
Download
Trust Merger Agreement
A Philippine law-governed agreement documenting the merger of two trust entities, including transfer of assets and regulatory compliance requirements.
Download
Deed Of Ratification Trust Deed
A Philippine legal document that formally ratifies and confirms an existing trust deed, ensuring its continued validity under Philippine law while potentially incorporating necessary updates.
Download
Trust Management Agreement
A Philippine-law governed agreement establishing a trust relationship between a trust company and client, detailing asset management terms under BSP regulations.
Download
Constructive Trust Agreement
A Philippine law-governed agreement establishing a constructive trust relationship between a trustee and beneficiary, defining property rights and obligations under Articles 1440-1456 of the Civil Code.
Download
Simple Trust Agreement
A Philippine law-governed agreement establishing a trust relationship between settlor, trustee, and beneficiaries for asset management and distribution.
Download
Revocable Declaration Of Trust
A Philippine law-governed trust document establishing a revocable trust relationship between settlor, trustee, and beneficiaries, detailing asset management and distribution terms.
Download
Indemnity Deed Of Trust
A Philippine law-governed trust instrument that combines trust arrangements with indemnification provisions, establishing asset protection and beneficiary rights under trustee management.
Download
Formal Trust Agreement
A legally binding agreement under Philippine law that establishes a trust relationship, detailing the transfer and management of assets from settlor to trustee for beneficiaries' benefit.
Download
Beneficial Trust Agreement
A Philippine law-governed agreement establishing a trust relationship between settlor, trustee, and beneficiaries for asset management and distribution.
Download
Construction Deed Of Trust
A Philippine law-governed trust instrument that establishes a three-party arrangement for managing construction projects and protecting stakeholder interests.
Download
Contractual Trust Agreement
A Philippine law-governed agreement establishing a trust relationship between settlor, trustee, and beneficiaries for asset management and wealth preservation.
Download
Vehicle Trust Agreement
A Philippine law-governed agreement establishing a trust arrangement for vehicle management and operation, defining trustee powers and beneficiary rights.
Download
Irrevocable Trust Agreement
A Philippine law-governed agreement establishing an irrevocable trust relationship between settlor, trustee, and beneficiaries for permanent asset transfer and management.
Download
Living Trust Agreement
A Philippine law-governed agreement establishing a living trust for asset management and distribution, defining trustee duties and beneficiary rights.
Download
Revocable Trust Agreement
A Philippine law-governed agreement establishing a modifiable trust relationship for asset management and distribution, with retained rights of revocation by the settlor.
Download
Land Trust Agreement
A Philippine law-governed agreement establishing a trust relationship for land property management, defining trustee duties and beneficiary rights.
Download
Family Trust Agreement
A Philippine law-governed agreement establishing a family trust arrangement for asset management and wealth transfer between generations.
Download
Trust Fund Agreement
A Philippine law-governed agreement establishing a trust relationship between settlor, trustee, and beneficiaries for the management of specified assets.
Download
Assignment Deed Of Trust
A Philippine law-governed document that formally transfers trustee responsibilities and trust assets from an existing trustee to a new trustee.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)