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Amended And Restated Trust Agreement Template for Singapore

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Amended And Restated Trust Agreement

"I need an Amended and Restated Trust Agreement to update our family trust established in 2015, adding two new beneficiaries and expanding the trustee's investment powers to include cryptocurrency investments, while maintaining Singapore law as governing law."

What is a Amended And Restated Trust Agreement?

The Amended And Restated Trust Agreement is utilized when substantial modifications to an existing trust arrangement necessitate a comprehensive restatement of terms. This document is particularly relevant in Singapore's sophisticated financial services sector, where trusts are frequently used for wealth management, succession planning, and asset protection. It consolidates all previous amendments, updates terms to reflect current circumstances or regulatory requirements, and ensures compliance with Singapore trust laws. The agreement typically includes detailed provisions on trust administration, investment powers, beneficiary rights, and trustee duties, while maintaining the original trust's fundamental purpose and tax efficiency.

What sections should be included in a Amended And Restated Trust Agreement?

1. Parties: Identification of trustee(s), settlor, and beneficiaries

2. Background: Context of original trust and reasons for amendment/restatement

3. Definitions: Key terms used throughout the agreement

4. Trust Property: Description of assets held in trust

5. Trustee Powers and Duties: Detailed powers and responsibilities of trustees

6. Distribution Provisions: Rules governing distribution of trust assets

7. Amendment and Termination: Procedures for future modifications and trust termination

What sections are optional to include in a Amended And Restated Trust Agreement?

1. Investment Powers: Specific investment authorities for trustees - used for trusts with significant investment activities

2. Protector Provisions: Role and powers of trust protector - included when trust includes a protector role

3. Foreign Element Provisions: Handling of international assets or beneficiaries - for trusts with international components

What schedules should be included in a Amended And Restated Trust Agreement?

1. Schedule of Trust Assets: Detailed listing of all trust property

2. Schedule of Beneficiaries: Complete list of beneficiaries and their entitlements

3. Original Trust Deed: Copy of the original trust agreement being amended

4. Investment Policy Statement: Guidelines for investment of trust assets

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



































Industries

Trustees Act (Chapter 337): The fundamental legislation governing trusts in Singapore, covering trust formation, trustee powers, duties, and responsibilities

Trust Companies Act (Chapter 336): Regulatory framework for trust companies operating in Singapore, including licensing and operational requirements

Civil Law Act (Chapter 43): General civil law provisions that may affect trust arrangements and their enforcement in Singapore

Evidence Act (Chapter 97): Governs trust documentation requirements and evidentiary matters related to trust arrangements

Income Tax Act (Chapter 134): Tax implications and obligations for trusts, trustees, and beneficiaries in Singapore

Stamp Duties Act (Chapter 312): Regulations regarding stamp duties applicable to trust instruments and related documents

Business Trusts Act: Specific legislation governing business trusts in Singapore, if applicable to the trust arrangement

Securities and Futures Act (Chapter 289): Relevant when trust involves investment securities or financial instruments

MAS Guidelines on Trust Business: Regulatory requirements and guidelines issued by the Monetary Authority of Singapore for trust businesses

AML/CFT Requirements: Anti-Money Laundering and Countering the Financing of Terrorism requirements applicable to trust arrangements

Common Law Principles: Established common law principles of trust law that supplement statutory provisions

Singapore Case Law: Relevant judicial decisions and precedents relating to trusts in Singapore courts

Trust Registration Requirements: Specific requirements and procedures for registering trust deeds in Singapore

Trustee Fiduciary Duties: Legal obligations and fiduciary responsibilities of trustees under Singapore law

Beneficiary Rights: Legal rights and protections afforded to trust beneficiaries under Singapore law

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