Formal Trust Agreement Template for England and Wales

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Key Requirements PROMPT example:

Formal Trust Agreement

"I need a Formal Trust Agreement to establish a family trust for my property portfolio in London, with my three adult children as beneficiaries and two professional trustees from my law firm, to be effective from March 2025."

Document background
A Formal Trust Agreement is essential when establishing a trust structure in England and Wales. This document is commonly used for estate planning, asset protection, charitable purposes, or business succession planning. The agreement must comply with the Trustee Act 1925, Trustee Act 2000, and other relevant legislation. It details the trust's purpose, trustee powers and duties, beneficiary rights, investment parameters, and administrative procedures. The document provides clarity and certainty for all parties involved and helps ensure proper trust administration.
Suggested Sections

1. Parties: Identification of settlor, trustees, and beneficiaries

2. Background: Context and purpose of the trust

3. Definitions: Key terms used throughout the agreement

4. Trust Property: Description of assets being placed in trust

5. Trustee Powers: Detailed powers granted to trustees including investment, management and distribution powers

6. Administrative Provisions: Day-to-day management of trust including record keeping, accounts and reporting requirements

Optional Sections

1. Investment Powers: Specific investment guidelines and restrictions for trusts involving significant financial assets

2. Appointment and Retirement of Trustees: Process for changing trustees, particularly relevant for longer-term trusts

3. Protector Provisions: Role and powers of trust protector when additional oversight is desired

Suggested Schedules

1. Schedule of Assets: Detailed list of initial trust property and their values

2. Investment Guidelines: Specific investment policies, restrictions and permitted asset classes

3. Beneficiary Schedule: Details of beneficiaries, their respective interests and distribution conditions

4. Letter of Wishes: Non-binding guidance from settlor to trustees regarding trust administration

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

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Trustee Act 1925: Core legislation defining trustee powers, duties, and administrative provisions including investment powers. Forms the foundation of trust law in England and Wales.

Trustee Act 2000: Modern legislation updating trustee investment powers, establishing statutory duty of care, and covering delegation of trustees' functions.

Money Laundering Regulations 2017: Establishes Trust Registration Service requirements, including registration obligations for express trusts and reporting requirements.

Perpetuities and Accumulations Act 2009: Sets out rules against perpetuities and defines permissible accumulation periods for trusts.

Trusts of Land and Appointment of Trustees Act 1996: Specific legislation governing trusts involving land or property (TOLATA), including trustees' powers and beneficiaries' rights.

Variation of Trusts Act 1958: Legislation enabling the variation of trust terms under certain circumstances, providing flexibility for future changes.

Financial Services and Markets Act 2000: Regulatory framework relevant when trust involves regulated financial activities or investments.

Inheritance Tax Act 1984: Key tax legislation governing inheritance tax implications for trusts, including charges and reliefs.

Income Tax Act 2007: Legislation covering income tax treatment of trust income and distributions.

Taxation of Chargeable Gains Act 1992: Legislation governing capital gains tax treatment of trust assets and disposals.

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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