Deed Of Variation To Create A Discretionary Trust Template for Ireland

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Key Requirements PROMPT example:

Deed Of Variation To Create A Discretionary Trust

"I need a Deed of Variation to Create a Discretionary Trust to modify my father's will dated January 2025, converting my direct inheritance into a discretionary trust for tax planning purposes, with myself and my three children as beneficiaries and my accountant as the professional trustee."

Document background
The Deed of Variation to Create a Discretionary Trust is a sophisticated legal instrument used in Irish estate planning and wealth management. It is typically employed when beneficiaries wish to restructure their entitlements under an existing disposition for tax efficiency, asset protection, or family wealth management purposes. This document is particularly valuable following inheritances or when existing trust structures need modernization. The deed must comply with Irish trust law, succession law, and tax regulations, requiring careful drafting to ensure the variation is effective and the resulting discretionary trust is properly constituted. It includes detailed provisions about the trust fund, trustee powers, beneficiary classes, and administrative matters, often incorporating tax planning considerations and perpetuity provisions where relevant.
Suggested Sections

1. Parties: Identifies all parties to the deed including the original beneficiary/ies seeking variation, other beneficiaries consenting to the variation, and the proposed trustees

2. Background: Recitals setting out the original disposition (e.g., will or settlement), the reason for variation, and the intention to create a discretionary trust

3. Definitions: Defines key terms used throughout the deed including 'Trust Fund', 'Beneficiaries', 'Trust Period', and other relevant terms

4. Declaration of Variation: Formal variation of the original disposition and declaration of the new discretionary trust

5. Trust Terms: Core terms of the discretionary trust including trust period, beneficiary class, and distribution powers

6. Trustee Powers: Comprehensive list of investment and management powers granted to the trustees

7. Administrative Provisions: Provisions for trustee appointment, retirement, and remuneration

8. Governing Law and Jurisdiction: Confirms Irish law as governing law and Irish courts' jurisdiction

9. Execution: Formal execution clause meeting requirements for deeds under Irish law

Optional Sections

1. Tax Acknowledgments: Specific acknowledgments regarding tax implications - include when variation has immediate tax consequences

2. Perpetuity Provisions: Special provisions dealing with perpetuity periods - include for long-term trusts

3. Protector Provisions: Provisions establishing role of protector - include when trust structure requires additional oversight

4. Foreign Asset Provisions: Special provisions for non-Irish assets - include when trust fund includes foreign property

5. Investment Policy: Detailed investment guidelines - include for larger trust funds or specific investment requirements

Suggested Schedules

1. Schedule 1 - The Original Disposition: Copy or extract of the original will, settlement or other disposition being varied

2. Schedule 2 - Trust Fund: Detailed description of assets forming initial trust fund

3. Schedule 3 - Trustee Powers: Comprehensive list of statutory and additional trustee powers

4. Schedule 4 - Initial Beneficiaries: List of named initial discretionary beneficiaries

5. Appendix A - Tax Elections: Forms or details of any tax elections made in connection with the variation

6. Appendix B - Consent Forms: Signed consent forms from adult beneficiaries affected by the variation

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
Relevant Industries

Legal Services

Wealth Management

Private Banking

Financial Services

Tax Advisory

Estate Planning

Trust Services

Private Client Services

Family Office Services

Relevant Teams

Legal

Private Client

Wealth Management

Trust Administration

Tax Advisory

Estate Planning

Financial Planning

Corporate Services

Family Office

Relevant Roles

Trust Lawyer

Private Client Solicitor

Estate Planning Attorney

Tax Consultant

Wealth Manager

Trust Administrator

Private Client Advisor

Financial Planner

Trust Officer

Legal Counsel

Tax Director

Estate Planning Manager

Probate Specialist

Trust Services Director

Industries
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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