The Revocable Deed of Trust is a crucial estate planning instrument in Malaysia, commonly used by individuals and families seeking to establish a flexible structure for asset management and distribution while maintaining control during their lifetime. This document is particularly relevant when there's a need to provide for family members or other beneficiaries while retaining the ability to modify arrangements as circumstances change. It operates under Malaysian law, specifically the Trustee Act 1949, and requires careful consideration of tax implications, property laws, and trust administration requirements. The deed typically includes detailed provisions for asset management, trustee powers, beneficiary rights, and distribution mechanisms, making it suitable for both simple and complex trust arrangements involving various types of assets from real estate to investment portfolios.
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1. Parties: Identifies the Settlor, Trustee(s), and named Beneficiaries with their full legal names and addresses
2. Background: Recitals explaining the context and intention to create the trust
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formal declaration creating the trust and transferring property to trustees
5. Trust Property: Description of initial trust property and provisions for additions
6. Powers of the Trustees: Detailed powers granted to trustees for managing trust property
7. Duties of Trustees: Obligations and responsibilities of trustees in administering the trust
8. Beneficiaries' Rights: Rights and entitlements of beneficiaries under the trust
9. Distribution Provisions: Rules governing how and when trust property is to be distributed
10. Revocation and Amendment: Settlor's rights and procedures for revoking or amending the trust
11. Appointment and Removal of Trustees: Procedures for changing trustees
12. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and relevant jurisdiction
13. Execution: Formal execution clause and signature blocks
1. Investment Powers: Detailed investment guidelines and restrictions - include when trust involves significant financial assets
2. Trustee Remuneration: Provisions for trustee compensation - include when trustees are professionals
3. Protector Provisions: Appointment and powers of trust protector - include when additional oversight is desired
4. Foreign Asset Provisions: Special provisions for foreign assets - include when trust property includes overseas assets
5. Minor Beneficiary Provisions: Special provisions for underage beneficiaries - include when beneficiaries include minors
6. Incapacity Provisions: Procedures in case of settlor's incapacity - include when settlor wants specific arrangements
7. Business Interest Provisions: Special provisions for managing business interests - include when trust property includes business assets
1. Schedule 1 - Trust Property: Detailed inventory and description of initial trust property
2. Schedule 2 - Beneficiaries: Full details of beneficiaries and their respective interests
3. Schedule 3 - Distribution Rules: Specific rules and conditions for trust property distribution
4. Schedule 4 - Trustee Powers: Comprehensive list of specific powers granted to trustees
5. Appendix A - Investment Guidelines: Detailed investment parameters and restrictions
6. Appendix B - Trustee Remuneration Schedule: Fee structure and payment terms for trustees
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