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Property Trust Deed

Property Trust Deed Template for Ireland

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Key Requirements PROMPT example:

Property Trust Deed

"I need a Property Trust Deed to establish a family trust for my residential property in Dublin, with my three adult children as beneficiaries and my sister serving as trustee, to be effective from March 2025."

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Document background
A Property Trust Deed is essential when establishing a trust arrangement for property holdings in Ireland. This document is commonly used in estate planning, family wealth management, charitable purposes, or commercial property arrangements. It must comply with Irish trust law, particularly the Land and Conveyancing Law Reform Act 2009 and the Trustee Act 1893. The deed details the transfer of property to trustees, defines their powers and duties, specifies beneficiary rights, and establishes governance mechanisms. It's crucial for protecting assets, ensuring proper property management, and creating clear legal frameworks for property held in trust. The document requires careful drafting to ensure it meets all regulatory requirements and effectively serves its intended purpose under Irish law.
Suggested Sections

1. Parties: Identification of the Settlor(s), Trustee(s), and any initial Beneficiaries

2. Background: Context of the trust creation and settlor's intentions

3. Definitions: Definitions of key terms used throughout the deed

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

5. Trust Property: Detailed description of the property being placed in trust

6. Trustee Powers: Powers granted to trustees in managing the trust property

7. Trustee Duties: Legal obligations and responsibilities of the trustees

8. Beneficiary Rights: Rights and interests of the beneficiaries in the trust property

9. Trust Administration: Procedures for managing the trust and making decisions

10. Duration and Termination: Term of the trust and circumstances for termination

11. Governing Law: Confirmation of Irish law as governing law

12. Execution: Signature blocks and attestation provisions

Optional Sections

1. Charitable Purposes: Required if the trust is established for charitable purposes

2. Investment Powers: Detailed investment guidelines and restrictions, if specific investment powers are needed

3. Protector Provisions: Required if a trust protector is to be appointed

4. Variation Powers: Powers to modify trust terms, if the trust is intended to be flexible

5. Remuneration: Provisions for trustee compensation, if trustees are to be paid

6. Successor Trustees: Procedure for appointing replacement trustees, if specific succession planning is needed

7. Tax Provisions: Specific tax planning provisions, if required

8. Dispute Resolution: Alternative dispute resolution procedures, if desired

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed description and documentation of the property being placed in trust

2. Schedule 2 - Initial Beneficiaries: Full details of all initial beneficiaries and their respective interests

3. Schedule 3 - Trustee Powers: Comprehensive list of specific powers granted to trustees

4. Schedule 4 - Property Documents: List of title documents, certificates, and other property-related documentation

5. Schedule 5 - Investment Guidelines: Detailed investment parameters and restrictions

6. Appendix A - Property Plans: Maps, plans, or drawings of the trust property

7. Appendix B - Property Valuations: Professional valuations of the trust property

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
Settlor
Trustee
Original Trustee
Successor Trustee
Beneficiaries
Trust Period
Trust Powers
Vesting Day
Trust Deed
Property Title
Encumbrances
Trust Income
Trust Capital
Distribution Date
Effective Date
Trust Protector
Professional Advisor
Permitted Investments
Trust Expenses
Accounting Period
Trust Register
Property Management
Trust Documents
Applicable Law
Trust Administration
Property Rights
Beneficial Interest
Default Beneficiaries
Trust Assets
Legal Title
Equitable Interest
Trust Purposes
Property Valuation
Trust Fund
Trust Records
Trust Terms
Perpetuity Period
Accumulation Period
Net Income
Capital Proceeds
Irish Revenue Commissioners
Land Registry
Trust Jurisdiction
Property Jurisdiction
Governing Law
Clauses
Declarations
Trust Creation
Property Transfer
Trust Duration
Trustee Powers
Trustee Duties
Trustee Appointment
Trustee Removal
Trustee Remuneration
Beneficiary Rights
Property Management
Investment Powers
Distribution Powers
Administrative Powers
Trust Modification
Trust Termination
Liability and Indemnity
Property Maintenance
Income Distribution
Capital Distribution
Record Keeping
Accounting Requirements
Tax Compliance
Property Insurance
Property Valuation
Dispute Resolution
Governing Law
Succession Planning
Variation Powers
Notice Requirements
Confidentiality
Reporting Obligations
Trust Protection
Property Disposal
Trust Registration
Severability
Amendment Powers
Force Majeure
Entire Agreement
Counterparts
Relevant Industries

Real Estate

Property Development

Banking & Finance

Legal Services

Wealth Management

Construction

Charitable Organizations

Family Offices

Investment Management

Estate Planning

Property Management

Relevant Teams

Legal

Real Estate

Property Management

Trust Administration

Wealth Management

Compliance

Risk Management

Estate Planning

Asset Management

Corporate Services

Relevant Roles

Property Lawyer

Trust Administrator

Estate Planning Attorney

Real Estate Manager

Property Trustee

Legal Counsel

Wealth Manager

Trust Officer

Property Portfolio Manager

Compliance Officer

Real Estate Director

Trust Services Manager

Estate Planning Consultant

Property Trust Administrator

Industries
Land and Conveyancing Law Reform Act 2009: Primary legislation governing property law in Ireland, including trust of lands, co-ownership, and property transfer requirements
Trustee Act 1893: Defines the powers, duties and responsibilities of trustees, including investment powers and liability provisions
Registration of Title Act 1964: Governs the registration of property titles and interests in land, including trust interests
Capital Acquisitions Tax Consolidation Act 2003: Regulates tax implications for property held in trust, including inheritance and gift tax provisions
Succession Act 1965: Relevant for trust arrangements affecting inheritance and disposition of property
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010: Contains provisions regarding trust registration and beneficial ownership reporting requirements
Charities Act 2009: Relevant if the trust has charitable purposes, governing charitable trust registration and regulation
Statute of Frauds 1695: Historic legislation still relevant for trust creation, requiring written evidence for land-related trusts
Taxes Consolidation Act 1997: Contains provisions regarding taxation of trust income and capital gains
Teams

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