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Deed Of Variation Trust Deed
"I need a Deed of Variation Trust Deed to add two new adult children as discretionary beneficiaries to our family trust and update the trustee investment powers to include cryptocurrency investments."
1. Parties: Identifies all current trustees, any retiring/incoming trustees, and any other relevant parties to the variation
2. Background: Recitals explaining the original trust deed details, reason for variation, and confirmation of power to vary
3. Definitions: Defines key terms used in the deed, including references to the original trust deed and any terms specific to the variation
4. Interpretation: Rules for interpreting the deed, including relationship with original trust deed
5. Effective Date: Specifies when the variations take effect
6. Confirmation of Trust: Confirms the continuing existence of the trust and its terms except as varied by this deed
7. Variations: Details of specific changes being made to the original trust deed
8. Confirmation and Ratification: Confirms that all other provisions of the original trust deed remain unchanged
9. Governing Law: Confirms New Zealand law governs the deed
10. Execution: Formal execution block for all parties to sign
1. Trustee Consent: Required when variation affects trustee powers or duties, confirming trustees' agreement to new obligations
2. Beneficiary Acknowledgment: Used when beneficiaries' rights are affected and their acknowledgment is required
3. Tax Declarations: Include when variations have tax implications requiring specific declarations
4. Property Matters: Required when variation affects trust property holdings or management
5. Vesting Date Variation: Include when changing the trust's vesting date
6. Powers of Amendment: Include when modifying the trust's amendment powers for future variations
7. Compliance Statement: Statement confirming compliance with specific requirements of Trusts Act 2019 when relevant
1. Schedule 1 - Original Trust Deed: Copy or reference to the original trust deed being varied
2. Schedule 2 - Previous Variations: List of any previous variations to the trust deed
3. Schedule 3 - Comparative Table: Table showing original clauses and their amended versions for clear comparison
4. Schedule 4 - Trust Property: Current schedule of trust property (if relevant to variations)
5. Schedule 5 - Consents and Certificates: Copies of any required consents or certificates from beneficiaries, regulators, or other parties
6. Appendix A - Legal Advice Certificate: Certificate confirming independent legal advice received by parties (if required)
Authors
Trust
Variation Date
Effective Date
Original Trustees
Current Trustees
Retiring Trustees
New Trustees
Settlor
Beneficiaries
Primary Beneficiaries
Discretionary Beneficiaries
Final Beneficiaries
Trust Property
Trust Fund
Variation
Trustee Powers
Vesting Date
Previous Variations
Perpetuity Period
Distribution Date
Trust Period
Proper Law
Governing Law
Protector
Advisory Trustee
Trust Documents
Trustee Act
Required Consents
Operative Date
Variation
Powers of Trustees
Amendment Authority
Execution Requirements
Governing Law
Trustee Duties
Trustee Indemnity
Trust Property
Beneficiary Rights
Perpetuity Period
Vesting Provisions
Distribution Rules
Investment Powers
Administrative Powers
Appointment and Removal
Trustee Remuneration
Trust Records
Dispute Resolution
Severability
Further Assurance
Counterparts
Notice Requirements
Compliance
Legal Services
Financial Services
Wealth Management
Real Estate
Family Business
Private Banking
Professional Services
Estate Planning
Property Management
Corporate Services
Legal
Trust Administration
Wealth Management
Compliance
Corporate Services
Property Management
Financial Advisory
Private Client Services
Risk Management
Document Management
Trust Lawyer
Estate Planning Attorney
Wealth Manager
Trust Administrator
Legal Counsel
Private Client Advisor
Corporate Trustee
Trust Account Manager
Property Manager
Compliance Officer
Financial Advisor
Tax Consultant
Trust Operations Manager
Legal Partner
Senior Associate
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