Joint Trust Agreement Template for England and Wales

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Key Requirements PROMPT example:

Joint Trust Agreement

"I need a Joint Trust Agreement to establish a family trust for managing UK property assets, with three trustees and discretionary beneficiary provisions, ensuring compliance with the Trust Registration Service requirements and including specific investment restrictions for sustainable investments only."

Document background
A Joint Trust Agreement is essential when multiple parties need to jointly manage assets in trust under English law. This document is commonly used for family wealth management, property holding, or investment purposes. It provides the legal framework for trustees to act together, defining their powers, duties, and the mechanisms for decision-making. The agreement must comply with English trust law principles and relevant legislation, including registration requirements under the Trust Registration Service.
Suggested Sections

1. Parties: Identification and details of trustees and settlors

2. Background: Context and purpose of the trust arrangement

3. Definitions: Key terms used throughout the agreement

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

5. Trustee Powers: Scope of trustees' authority and powers

6. Beneficiaries: Identity and rights of trust beneficiaries

7. Trust Administration: Day-to-day management provisions

Optional Sections

1. Investment Powers: Specific investment authorities and restrictions - used when trust includes financial investments

2. Appointment and Retirement of Trustees: Procedures for trustee changes - typically included for long-term trusts

3. Trust Income Distribution: Rules for distributing trust income - required for income-generating trusts

Suggested Schedules

1. Schedule of Assets: Detailed list of initial trust property

2. Investment Guidelines: Specific investment policies and restrictions

3. Beneficiary Schedule: Detailed information about beneficiaries and their entitlements

4. Powers of Attorney: Any delegated authorities

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: Primary legislation defining trustee powers and duties, administrative provisions, and establishing core investment powers for trustees

Trustee Act 2000: Modern legislation updating trustee investment powers, defining the duty of care, and covering delegation of trustee functions

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

Law of Property Act 1925: Governs trusts involving real property and establishes legal formalities requirements for property-related trust matters

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

Pensions Act 1995: Relevant when trust arrangements involve pension assets or pension scheme structures

Financial Services and Markets Act 2000: Applicable when trust involves financial investments and regulated financial activities

Inheritance Tax Act 1984: Governs tax implications and treatment of trust property for inheritance tax purposes

Three Certainties Doctrine: Common law principle established in Knight v Knight requiring certainty of intention, subject matter, and objects for valid trust creation

Fiduciary Duties: Common law principles establishing trustees' fundamental obligations including loyalty, good faith, and acting in beneficiaries' best interests

Trust Construction Rules: Common law principles governing the interpretation and construction of trust instruments and trustee powers

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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