The Private Trust Agreement serves as the foundational document for establishing and managing private trusts in England and Wales. It is typically used when individuals or entities wish to separate legal ownership from beneficial ownership of assets, whether for estate planning, tax efficiency, or asset protection purposes. The agreement comprehensively details the trust structure, powers, obligations, and administration requirements, ensuring compliance with English trust law while meeting the settlor's objectives. This document is essential for creating legally binding trust arrangements and providing clear guidance for trustees in their fiduciary duties.
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1. Parties: Identifies settlor, trustees, and beneficiaries
2. Background: Sets out context and purpose of the trust
3. Definitions: Defines key terms used throughout the agreement
4. Trust Declaration: Formal declaration of trust and transfer of assets
5. Powers of Trustees: Detailed powers granted to trustees
6. Trustee Duties: Obligations and responsibilities of trustees
7. Trust Administration: Procedures for managing the trust
8. Beneficiary Rights: Rights and entitlements of beneficiaries
1. Investment Powers: Specific investment authorities and restrictions for trusts including investment assets
2. Property Management: Provisions for handling real estate when trust includes property assets
3. Protector Provisions: Role and powers of trust protector when trust includes a protector role
4. Foreign Asset Provisions: Handling of overseas assets when trust includes international assets
1. Schedule of Initial Trust Assets: Detailed list of assets initially settled into trust
2. Schedule of Beneficiaries: Complete list of beneficiaries and their respective interests
3. Investment Guidelines: Detailed investment policies and restrictions
4. Trustee Remuneration Schedule: Details of trustee compensation arrangements
5. Letter of Wishes: Non-binding guidance from settlor to trustees
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