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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."
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
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
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
Original Beneficiaries
Trust Fund
Trust Period
Perpetuity Date
Trustees
Discretionary Beneficiaries
Default Beneficiaries
Excluded Persons
Protector
Appointor
Effective Date
Variation Date
Trust Powers
Investment Powers
Administrative Powers
Permitted Investments
Accounting Period
Distribution Date
Income
Capital
Accumulation Period
Vesting Day
Specified Age
Authorised Investment
Professional Adviser
Territory
Tax Year
Relevant Tax Laws
Proper Law
Trust Instrument
Disposition Date
Beneficiary Class
Governing Law
Declaration of Trust
Trust Powers
Trustee Appointment
Trustee Removal
Trustee Remuneration
Investment Powers
Distribution Powers
Administrative Powers
Beneficiary Rights
Perpetuity
Trust Period
Accumulation
Tax Provisions
Governing Law
Jurisdiction
Amendment Powers
Protector Provisions
Delegation
Indemnification
Asset Transfer
Income Application
Capital Distribution
Record Keeping
Accounting
Compliance
Execution
Legal Services
Wealth Management
Private Banking
Financial Services
Tax Advisory
Estate Planning
Trust Services
Private Client Services
Family Office Services
Legal
Private Client
Wealth Management
Trust Administration
Tax Advisory
Estate Planning
Financial Planning
Corporate Services
Family Office
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
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