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Trust Agreement
"I need a trust agreement to establish a family trust for my two children, with a trustee appointed for a 10-year term, including provisions for annual financial reporting and beneficiary distributions."
What is a Trust Agreement?
A Trust Agreement creates a legal arrangement where one party (the trustor) transfers assets to another party (the trustee) to manage for the benefit of specific people or organizations (beneficiaries). In the Philippines, these agreements follow strict rules under the General Banking Law and Securities Regulation Code.
The trustee must handle the assets according to the agreement's terms, with key responsibilities including investment management, income distribution, and regular reporting. Filipino banks and licensed trust entities commonly serve as trustees, offering services like investment funds, estate planning, and retirement accounts through these agreements.
When should you use a Trust Agreement?
Consider setting up a Trust Agreement when you need to protect and manage valuable assets for the long term. This legal tool proves especially valuable for estate planning, protecting family wealth, or setting up educational funds for children in the Philippines.
Many Filipino business owners use Trust Agreements to establish retirement funds for employees, manage corporate investments, or create charitable foundations. They're also crucial when you need professional trustees (like banks or licensed trust entities) to handle complex investment portfolios, maintain family properties, or ensure assets are distributed according to specific conditions over time.
What are the different types of Trust Agreement?
- Revocable Trust Agreement: Allows the trustor to modify or cancel the trust during their lifetime, offering flexibility for changing circumstances
- Irrevocable Trust Agreement: Cannot be modified once established, providing tax benefits and asset protection
- Declaration Of Trust Property: Specifically focused on real estate holdings and property management
- Construction Deed Of Trust: Used for construction project financing and development security
- Deed Of Ratification Trust Deed: Confirms and validates existing trust arrangements, often used in property transfers
Who should typically use a Trust Agreement?
- Trustors (Grantors): Individuals or companies who create the trust and transfer their assets, often wealthy families or business owners seeking asset protection
- Trustees: Filipino banks, trust companies, or qualified individuals who manage the trust assets and ensure compliance with terms
- Beneficiaries: Family members, employees, charities, or organizations who receive benefits from the trust
- Trust Officers: Licensed professionals at banks or trust entities who oversee daily operations and investment decisions
- Legal Counsel: Attorneys who draft agreements, ensure compliance with Philippine trust laws, and provide ongoing legal guidance
How do you write a Trust Agreement?
- Asset Details: List all properties, investments, or funds to be placed in trust, including current market values and ownership documents
- Trustee Selection: Choose a qualified trustee (bank or licensed trust entity) and gather their credentials and acceptance forms
- Beneficiary Information: Compile complete names, relationships, and contact details of all intended beneficiaries
- Trust Terms: Define distribution rules, investment guidelines, and any specific conditions for asset management
- Supporting Documents: Prepare identification papers, property titles, and tax compliance certificates as required by Philippine trust laws
- Draft Review: Our platform generates a legally-sound Trust Agreement tailored to Philippine requirements, ensuring all essential elements are included
What should be included in a Trust Agreement?
- Trust Purpose: Clear statement of objectives and intended benefits under Philippine trust laws
- Party Details: Complete identification of trustor, trustee, and beneficiaries with their respective roles
- Asset Schedule: Detailed description of all trust properties and their current market values
- Distribution Terms: Specific rules for income and principal distribution to beneficiaries
- Trustee Powers: Defined scope of authority for investment, management, and decision-making
- Duration Clause: Clear start date and conditions for trust termination
- Governing Law: Express statement of Philippine law application and jurisdiction
- Execution Block: Signature requirements and notarization provisions as per local regulations
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 Philippine business transactions, but they serve distinct purposes. While both deal with asset transfers, their fundamental structures and legal effects differ significantly.
- Purpose: Trust Agreements create ongoing asset management relationships, while Asset Purchase Agreement facilitates one-time ownership transfers
- Duration: Trust Agreements establish long-term arrangements with continuous obligations, whereas Asset Purchase Agreements typically conclude after the sale completes
- Control Structure: In trusts, trustees manage assets for beneficiaries' benefit, while purchase agreements transfer full ownership and control to buyers
- Legal Protection: Trust Agreements offer fiduciary safeguards and beneficiary rights under Philippine trust laws, while purchase agreements focus on buyer-seller warranties and representations
- Tax Implications: Trusts can offer specific tax advantages for wealth transfer, unlike direct asset purchases which trigger immediate tax consequences
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