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Trust Termination Agreement

Trust Termination Agreement Template for Belgium

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Key Requirements PROMPT example:

Trust Termination Agreement

"I need a Trust Termination Agreement under Belgian law for a family trust that has achieved its purpose, with distribution of assets to be completed by March 2025; the trust holds both Belgian and French real estate assets, and we need special provisions for cross-border tax implications."

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Document background
The Trust Termination Agreement is utilized when parties wish to formally conclude a trust arrangement under Belgian law. While Belgium operates under civil law and traditionally doesn't recognize trusts, it has incorporated trust principles through the Hague Trust Convention and its Private International Law Code. This document becomes necessary when trust objectives have been fulfilled, when circumstances require early termination, or when continuation is no longer viable or desired. The agreement must carefully navigate Belgian legal requirements while addressing international trust principles, particularly important given Belgium's civil law system. The Trust Termination Agreement includes comprehensive provisions for asset distribution, tax compliance, trustee discharge, and beneficiary acknowledgments, ensuring a legally sound transition that protects all parties' interests and meets regulatory requirements.
Suggested Sections

1. Parties: Identification of all parties including Trustee(s), Beneficiaries, Settlor (if alive), and any Protector

2. Background: Details of trust creation, purpose, and reasons for termination

3. Definitions: Key terms used throughout the agreement including Trust Property, Distribution Date, and Effective Date

4. Declaration of Termination: Formal statement of trust termination and effective date

5. Distribution of Trust Assets: Detailed provisions for the distribution of trust assets to beneficiaries

6. Final Accounting: Requirements for final trust accounts and financial statements

7. Release and Discharge of Trustee: Terms of trustee's release from duties and responsibilities

8. Tax Provisions: Handling of tax liabilities and obligations arising from termination

9. Representations and Warranties: Statements of fact and assurances from all parties

10. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction

11. Execution Requirements: Formal requirements for valid execution under Belgian law

Optional Sections

1. Survival of Indemnities: Used when specific indemnities need to survive trust termination

2. Dispute Resolution: Include when parties wish to specify alternative dispute resolution mechanisms

3. Protector Provisions: Required only if the trust has a protector

4. Foreign Asset Provisions: Include when trust holds assets in multiple jurisdictions

5. Third Party Consents: Include when termination requires consent from external parties

6. Continuation Provisions: Used when certain provisions need to survive termination

Suggested Schedules

1. Schedule 1 - Trust Assets: Comprehensive list of all trust assets to be distributed

2. Schedule 2 - Distribution Plan: Detailed plan showing distribution of assets to each beneficiary

3. Schedule 3 - Outstanding Liabilities: List of any outstanding trust liabilities and their handling

4. Schedule 4 - Final Accounts: Final trust accounts and financial statements

5. Appendix A - Original Trust Deed: Copy of the original trust deed and any amendments

6. Appendix B - Consent Forms: Signed consent forms from all relevant parties

7. Appendix C - Tax Clearance: Tax clearance certificates or relevant tax documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Private Banking

Wealth Management

Legal Services

Tax Advisory

Estate Planning

Family Office

Trust Services

Private Client Services

Real Estate

Relevant Teams

Legal

Compliance

Wealth Management

Private Banking

Trust Administration

Tax Advisory

Risk Management

Estate Planning

Corporate Services

Client Relations

Relevant Roles

Trust Officer

Private Client Lawyer

Wealth Manager

Tax Advisor

Estate Planning Attorney

Compliance Officer

Legal Counsel

Financial Advisor

Trust Administrator

Private Banking Manager

Family Office Director

Corporate Trustee

Notary

Trust Account Manager

Risk Management Officer

Industries
Belgian Civil Code (Code Civil/Burgerlijk Wetboek): Primary source of Belgian private law that governs contractual relationships and property rights, including provisions relevant to trust-like arrangements
Belgian Code of Private International Law (2004): Contains specific provisions on the recognition and treatment of foreign trusts in Belgium, particularly relevant for trust termination
The Hague Convention on the Law Applicable to Trusts (1985): International treaty ratified by Belgium that provides framework for recognition and treatment of trusts in civil law jurisdictions
Belgian Income Tax Code: Governs the tax implications of trust termination and distribution of assets to beneficiaries
Belgian Law on Anti-Money Laundering and Counter-Terrorist Financing: Regulations concerning verification of funds' origin and beneficiaries in trust arrangements
Belgian Inheritance Law: Relevant for understanding how trust termination interacts with forced heirship rules and succession rights
EU Regulation No 650/2012 (Brussels IV): European regulation on succession matters that may affect trust termination involving cross-border elements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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