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Trust Agreement
I need a trust agreement to establish a family trust for estate planning purposes, ensuring that the assets are managed by a designated trustee for the benefit of my children, with clear instructions on asset distribution and conditions for accessing the trust. The agreement should comply with Irish trust law and include provisions for trustee succession and dispute resolution.
What is a Trust Agreement?
A Trust Agreement creates a legal arrangement where someone (the trustee) manages assets on behalf of others (the beneficiaries). In Ireland, these agreements help families protect wealth, support charitable causes, or structure business holdings while following the Trustee Act 1893 and modern trust laws.
The agreement spells out how the trustee should handle everything from property and investments to business interests. It sets clear rules about who gets what benefits, when they receive them, and what duties the trustee must fulfill. Irish trusts often help with tax planning, estate management, and protecting assets for future generations.
When should you use a Trust Agreement?
Trust Agreements become essential when you need to protect and manage assets for specific beneficiaries in Ireland. They're particularly valuable for parents setting up funds for children's education, families preserving wealth across generations, or business owners planning succession strategies that minimize tax implications.
Consider using a trust when supporting someone with special needs, structuring charitable giving, or protecting assets from creditors. The arrangement works well for complex family situations, like second marriages or international beneficiaries. Irish tax laws make trusts especially useful for reducing inheritance tax burden while ensuring your wishes for asset distribution are legally binding.
What are the different types of Trust Agreement?
- Simple Declaration Of Trust: Basic trust structure for straightforward asset transfers, ideal for single properties or uncomplicated arrangements
- Revocable Trust Agreement: Flexible trust that can be modified during the settlor's lifetime, popular for estate planning
- Trust Fund Agreement: Specifically designed for managing monetary assets and investments for beneficiaries
- Joint Tenancy Trust Agreement: Used when multiple parties share property ownership through a trust structure
- Trust Operating Agreement: Details day-to-day management rules and trustee responsibilities for complex trusts
Who should typically use a Trust Agreement?
- Settlors: Individuals or families who create the trust and transfer their assets into it, often wealthy property owners or business leaders seeking to protect wealth
- Trustees: Professional advisors, family members, or trust companies who manage the trust assets and ensure compliance with Irish trust laws
- Beneficiaries: People or organizations who receive benefits from the trust, such as family members, charities, or business successors
- Legal Advisors: Solicitors and tax experts who draft Trust Agreements and provide ongoing guidance on Irish trust regulations
- Financial Institutions: Banks and investment firms that handle trust accounts and manage trust investments under Irish banking laws
How do you write a Trust Agreement?
- Trust Purpose: Define clear objectives for the trust and identify all intended beneficiaries and their specific entitlements
- Asset Details: Compile a complete list of properties, investments, or business interests to be placed in trust
- Trustee Selection: Choose trustees carefully, ensuring they understand Irish trust law obligations and responsibilities
- Distribution Rules: Specify how and when beneficiaries receive benefits, including any conditions or age requirements
- Tax Planning: Research relevant Irish tax implications and structure the trust to maximize tax efficiency
- Document Generation: Use our platform to create a legally-sound Trust Agreement that includes all required elements under Irish law
What should be included in a Trust Agreement?
- Trust Declaration: Clear statement of trust creation, naming settlor, trustees, and beneficiaries under Irish law
- Asset Schedule: Detailed list of all properties and assets being transferred into the trust
- Trustee Powers: Specific authorities granted to trustees for managing assets and making distributions
- Distribution Terms: Rules governing how and when beneficiaries receive trust benefits
- Duration Clause: Trust period and termination conditions compliant with Irish perpetuity laws
- Governing Law: Explicit statement that Irish law governs the trust's interpretation and operation
- Amendment Powers: Conditions under which trust terms can be modified
- Signature Block: Space for all required parties to execute the agreement with witness provisions
What's the difference between a Trust Agreement and an Asset Purchase Agreement?
A Trust Agreement is often confused with an Asset Purchase Agreement in Irish law, but they serve distinct purposes. While both deal with transferring assets, their core functions and legal implications differ significantly.
- Legal Structure: Trust Agreements create ongoing relationships where trustees manage assets for beneficiaries, while Asset Purchase Agreement facilitates a one-time transfer of ownership
- Duration: Trusts typically operate long-term, sometimes across generations, whereas asset purchases complete once the transfer occurs
- Control Arrangements: In trusts, trustees hold legal title but must act for beneficiaries' interests; asset purchases transfer both legal and beneficial ownership directly
- Tax Implications: Trusts offer specific tax planning advantages under Irish law, while asset purchases trigger immediate tax consequences
- Flexibility: Trust Agreements can adapt to changing circumstances and beneficiary needs; asset purchases are typically fixed, one-time transactions
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