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Family Trust Deed

Family Trust Deed Template for Switzerland

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Key Requirements PROMPT example:

Family Trust Deed

"I need a Family Trust Deed under Swiss law to establish a trust for my technology company shares and global real estate portfolio, with specific provisions for business succession planning and requirements for beneficiaries to have relevant business education or experience."

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Document background
The Family Trust Deed is essential for high-net-worth individuals and families seeking to establish a formal trust structure in Switzerland for wealth preservation and succession planning. While Switzerland operates under civil law, its ratification of the Hague Trust Convention allows for the recognition and operation of trusts, making it a popular jurisdiction for international families. The Family Trust Deed must carefully balance common law trust principles with Swiss legal requirements, particularly regarding forced heirship rules, tax implications, and anti-money laundering regulations. The document typically includes detailed provisions for asset management, beneficiary distributions, trustee powers, and governance structures, often incorporating specific clauses for international assets and cross-border considerations. It serves as the primary reference point for trustees, beneficiaries, and advisors throughout the trust's existence.
Suggested Sections

1. Parties: Identifies the Settlor(s), Trustee(s), and initial Beneficiaries

2. Background: Sets out the context and purpose of establishing the family trust

3. Definitions: Defines key terms used throughout the deed

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

5. Trust Period: Defines the duration of the trust and any termination events

6. Beneficiaries and Their Interests: Details the beneficial class and nature of their entitlements

7. Trustee Powers: Comprehensive list of trustees' administrative and dispositive powers

8. Trustee Duties and Responsibilities: Outlines the obligations and standards of care required from trustees

9. Trust Administration: Procedures for day-to-day management and decision-making

10. Income and Capital Distributions: Rules governing how and when trust assets can be distributed

11. Appointment and Removal of Trustees: Procedures for changing trustees

12. Governing Law and Jurisdiction: Confirms Swiss law application and jurisdiction

13. Amendment Provisions: Procedures for modifying trust terms

14. Execution and Attestation: Formal execution requirements and witness provisions

Optional Sections

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

2. Letter of Wishes: Include when the settlor wishes to provide non-binding guidance to trustees

3. Foreign Asset Provisions: Include when trust holds assets in multiple jurisdictions

4. Family Council: Include when establishing a formal structure for family governance

5. Conflict Resolution: Include detailed dispute resolution procedures when family conflicts are anticipated

6. Business Interest Provisions: Include when trust holds family business interests

7. Charitable Provisions: Include when part of the trust is dedicated to charitable purposes

Suggested Schedules

1. Schedule of Initial Trust Property: Detailed inventory of assets initially settled into the trust

2. Schedule of Beneficiaries: Complete list of initial beneficiaries and their details

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

4. Investment Guidelines: Parameters for investment of trust assets

5. Fee Schedule: Details of trustee remuneration and trust expense provisions

6. Deed of Addition: Template for adding future assets to the trust

7. Conflict Check Procedures: Protocol for identifying and managing conflicts of interest

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Trust Property
Initial Trust Fund
Additional Trust Property
Trust Period
Vesting Day
Perpetuity Period
Settlor
Original Trustee
Trustees
Trust Protector
Beneficiaries
Primary Beneficiaries
Secondary Beneficiaries
Discretionary Beneficiaries
Excluded Persons
Family Members
Descendants
Issue
Distribution Date
Accounting Period
Trust Income
Trust Capital
Accumulated Income
Investment
Authorized Investments
Family Council
Letter of Wishes
Proper Law
Governing Law
Force Majeure Events
Reserved Powers
Appointor
Swiss Business Day
Applicable Tax Laws
Reporting Period
Distribution Resolution
Trust Documents
Trust Accounts
Incapacity
Legal Disability
Professional Trustee
Corporate Trustee
Trust Administration Expenses
Delegation Powers
Investment Advisor
Trust Register
Amendment Power
Relevant Industries

Private Banking

Wealth Management

Family Office Services

Legal Services

Tax Advisory

Estate Planning

Financial Services

Trust Services

Private Client Services

Relevant Teams

Legal

Wealth Management

Private Banking

Compliance

Trust Administration

Tax Advisory

Estate Planning

Client Relations

Risk Management

Financial Advisory

Relevant Roles

Private Client Lawyer

Trust Officer

Wealth Manager

Tax Advisor

Estate Planning Attorney

Family Office Manager

Trust Administrator

Compliance Officer

Private Banker

Fiduciary Services Manager

Legal Counsel

Relationship Manager

Financial Advisor

Industries
Swiss Civil Code (ZGB): Primary legislation governing family law, property rights, and general civil law principles applicable to trust arrangements
Hague Convention on the Law Applicable to Trusts and on their Recognition: International treaty ratified by Switzerland that provides the framework for recognition and treatment of trusts in Swiss law
Swiss Federal Tax Law (DBG): Governs the taxation of trusts, beneficiaries, and settlors in Switzerland, including income and wealth tax implications
Swiss Inheritance Law (within ZGB): Contains forced heirship provisions that may impact trust validity and distribution, particularly regarding compulsory portions for heirs
Swiss Anti-Money Laundering Act (AMLA): Establishes due diligence requirements and reporting obligations for trust arrangements to prevent money laundering
Swiss Federal Act on Private International Law (IPRG): Determines applicable law and recognition of foreign trusts in Switzerland
Swiss Code of Obligations (OR): Supplements the Civil Code regarding contractual aspects of trust arrangements and fiduciary duties
Teams

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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