Declaration Of Trust Agreement for Canada

Declaration Of Trust Agreement Template for Canada

A Declaration of Trust Agreement is a formal legal document used in Canadian jurisdictions to establish and govern a trust arrangement. It details the transfer of assets from a settlor to trustees, who hold and manage these assets for the benefit of specified beneficiaries. The document outlines the trust's terms, trustee powers and duties, beneficiary rights, and administration requirements in accordance with both federal Canadian law and applicable provincial legislation. It includes comprehensive provisions for trust management, distribution rules, succession planning, and compliance with Canadian tax regulations and trust laws.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Declaration Of Trust Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Declaration Of Trust Agreement?

The Declaration of Trust Agreement is a crucial legal instrument in Canadian trust law, used to formally establish and document trust arrangements for various purposes including estate planning, asset protection, and wealth management. This document is essential when individuals or entities wish to create a trust structure where assets are legally transferred to trustees for the benefit of specified beneficiaries. The agreement must comply with both federal Canadian legislation and provincial trust laws, particularly regarding trustee obligations, tax implications, and beneficiary rights. A properly drafted Declaration of Trust Agreement includes detailed provisions about the trust property, administration procedures, distribution rules, trustee powers, and succession planning. It's commonly used in family wealth planning, charitable giving, business succession, and special needs planning, requiring careful consideration of tax efficiency and long-term asset management strategies.

What sections should be included in a Declaration Of Trust Agreement?

1. Parties: Identifies the Settlor, Trustee(s), and named Beneficiaries

2. Background: Explains the context and purpose for creating the trust

3. Definitions: Defines key terms used throughout the agreement

4. Declaration of Trust: Formal declaration establishing the trust and transferring property to trustees

5. Trust Property: Detailed description of assets being placed in trust

6. Trust Terms: Core terms governing the trust, including duration and distribution requirements

7. Powers of Trustees: Comprehensive list of trustees' powers in managing trust property

8. Duties of Trustees: Trustees' obligations and responsibilities

9. Beneficiary Rights: Rights and entitlements of beneficiaries under the trust

10. Trust Administration: Procedures for managing the trust, including meetings and decision-making

11. Accounting and Reporting: Requirements for financial records, accounts, and reporting to beneficiaries

12. Trustee Compensation: Terms for trustee remuneration and expense reimbursement

13. Successor Trustees: Procedure for appointment and removal of trustees

14. Amendment and Termination: Conditions and procedures for modifying or ending the trust

15. Governing Law: Specifies applicable law and jurisdiction

16. Execution: Signature blocks and attestation requirements

What sections are optional to include in a Declaration Of Trust Agreement?

1. Spendthrift Provisions: Protection against beneficiaries' creditors, used when asset protection is a concern

2. Tax Planning Provisions: Specific clauses for tax efficiency, used in complex tax planning situations

3. Special Needs Provisions: Special terms for beneficiaries with disabilities, used in special needs trusts

4. Investment Guidelines: Specific investment criteria and restrictions, used for large or complex investment portfolios

5. Distribution Committee: Establishment of a committee to oversee distributions, used in larger family trusts

6. Charitable Purposes: Specific provisions for charitable giving, used in charitable trusts

7. Family Business Provisions: Special terms for managing family business interests, used when trust holds business assets

8. Minor Beneficiary Provisions: Special provisions for underage beneficiaries, used when beneficiaries include minors

9. Conflict Resolution: Mediation and arbitration procedures, used in complex family situations

What schedules should be included in a Declaration Of Trust Agreement?

1. Schedule A - Trust Property: Detailed inventory and description of initial trust assets

2. Schedule B - Beneficiary Information: Complete details of beneficiaries including contact information and distribution shares

3. Schedule C - Investment Policy Statement: Detailed investment guidelines and restrictions

4. Schedule D - Trustee Compensation Schedule: Detailed breakdown of trustee fees and compensation structure

5. Schedule E - Distribution Schedule: Specific timing and conditions for trust distributions

6. Appendix 1 - Tax Elections: Copies of relevant tax elections and designations

7. Appendix 2 - Property Valuations: Professional valuations of trust property

8. Appendix 3 - Related Powers of Attorney: Copies of relevant powers of attorney

9. Appendix 4 - Meeting Procedures: Detailed procedures for trustee meetings and decision-making processes

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Trust Deed

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Legal Services

Wealth Management

Estate Planning

Tax Advisory

Private Banking

Family Office Services

Real Estate

Investment Management

Professional Services

Relevant Teams

Legal

Wealth Management

Trust Administration

Compliance

Tax Advisory

Estate Planning

Private Banking

Risk Management

Investment Management

Client Services

Relevant Roles

Trust Officer

Estate Planning Attorney

Wealth Manager

Tax Advisor

Financial Planner

Trust Administrator

Private Client Advisor

Legal Counsel

Compliance Officer

Investment Manager

Family Office Manager

Trust Accountant

Risk Manager

Portfolio Manager

Relationship Manager

Industries
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

Find the exact document you need

Hard Money Second Trust Deed

A Canadian legal document establishing a second-position security interest in real property for a hard money loan, subordinate to an existing first trust deed.

find out more

Trust Deed For Charitable Trust

A Canadian legal document establishing a charitable trust, defining its purposes, trustee powers, and operational framework while ensuring compliance with federal and provincial charity laws.

find out more

Quit Claim Deed Living Trust

A Canadian legal document used to transfer real property from an individual to a living trust without title warranties, subject to provincial property and trust laws.

find out more

Private Temple Trust Deed

A Canadian legal document establishing a trust structure for managing a religious temple, its assets, and activities under provincial and federal regulations.

find out more

Pension Trust Deed

A Canadian legal document establishing a pension trust and defining the terms for its management, administration, and governance under federal and provincial laws.

find out more

Deed In Lieu Of Trust

A Canadian legal document whereby a borrower voluntarily transfers property title to their lender to satisfy mortgage obligations, subject to federal and provincial property laws.

find out more

Deed Of Bare Trust

A Canadian legal document establishing a bare trust arrangement where a trustee holds legal title to property while the beneficiary maintains full beneficial ownership and control.

find out more

Voluntary Trust Deed

A Canadian law-governed deed establishing a voluntary trust arrangement, transferring assets from settlor to trustees for specified beneficiaries' benefit.

find out more

Trust Deed Fund

A Canadian legal document establishing and governing a trust fund, outlining terms for asset management, trustee duties, and beneficiary rights under federal and provincial law.

find out more

Registered Trust Deed

A Canadian legal document establishing and registering a trust arrangement, detailing trustee powers and beneficiary rights under federal and provincial law.

find out more

Employee Ownership Trust Deed

A Canadian law-governed trust deed establishing an Employee Ownership Trust, defining its structure, governance, and operational framework for holding company shares for employee benefit.

find out more

Deed Of Amendment And Restatement

A Canadian legal document that amends an existing agreement and consolidates all changes into a single, restated version, executed as a deed under Canadian law.

find out more

Deed Amendment

A Canadian legal document that formally modifies an existing deed, requiring proper execution and potentially registration under relevant provincial laws.

find out more

Trust Deed Amendment

A Canadian legal document that modifies an existing trust deed's terms and conditions while ensuring compliance with federal and provincial trust laws.

find out more

Declaration Of Trust For Tenants In Common

A Canadian legal document establishing a trust arrangement for property held by multiple owners as tenants in common, defining ownership shares and management terms.

find out more

House Trust Deed

A Canadian legal document establishing a trust over residential property, defining trustee powers and beneficiary rights under federal and provincial law.

find out more

Promissory Deed

A formal Canadian legal instrument combining a promissory note with deed formalities, creating an enforceable promise to pay with enhanced legal protection under federal and provincial law.

find out more

Gift Deed To Charitable Trust

A Canadian legal document that formalizes the transfer of assets from a donor to a charitable trust, ensuring compliance with federal and provincial charitable giving regulations.

find out more

Deed Of Trust Note

A Canadian legal document establishing a secured loan arrangement where a trustee holds property as security, combining promissory note and trust deed elements.

find out more

Declaration Of Bare Trust

A Canadian legal document establishing a bare trust arrangement where a trustee holds legal title to property solely for the benefit of the beneficial owner, with no independent powers or duties.

find out more

Deed Of Trust Joint Tenants

A Canadian legal document establishing a trust arrangement for property held in joint tenancy, governed by federal and provincial trust laws.

find out more

Reverse Mortgage Deed Of Trust

A Canadian legal document securing a reverse mortgage loan against a property, allowing senior homeowners to access home equity while maintaining residence rights.

find out more

Grant Deed To A Revocable Trust

A Canadian legal document transferring real property ownership from an individual to a revocable trust, commonly used in estate planning.

find out more

Deed Of Reconveyance

A Canadian legal document that transfers property title back to the borrower from the lender after full mortgage repayment.

find out more

Quitclaim Deed Irrevocable Trust

A Canadian legal document combining a quitclaim deed with an irrevocable trust structure, facilitating property transfer and trust establishment under Canadian law.

find out more

Wraparound Deed Of Trust

A Canadian legal instrument creating a new property loan while maintaining an existing mortgage, establishing trust arrangements and security provisions under Canadian federal and provincial laws.

find out more

Credit Line Deed Of Trust

A Canadian legal document establishing a revolving credit facility secured by real property through a trust structure, combining lending and security elements under Canadian federal and provincial law.

find out more

Deed Of Trust And Security Agreement

A Canadian law-governed document establishing both a trust arrangement and security interests in assets, combining trust management with collateral protection.

find out more

Quitclaim Deed To Trust

A Canadian legal document that transfers real property interests to a trust without warranties of title, commonly used in estate planning and family property arrangements.

find out more

Pocket Deed Of Trust

A concise trust instrument used in Canadian jurisdictions to establish and document essential trust arrangements while maintaining a simplified format.

find out more

Land Trust Deed

A Canadian legal document establishing a trust for land conservation and management, governed by federal and provincial conservation and trust laws.

find out more

Deed Of Beneficial Ownership

A Canadian legal document establishing an arrangement where one party holds legal title to assets on behalf of another party as beneficial owner.

find out more

Partial Claim Deed Of Trust

A Canadian legal document establishing a trust arrangement for a partial claim on real property, governed by federal and provincial trust and property laws.

find out more

Seller Financed Deed Of Trust

A Canadian legal document establishing a trust arrangement where property sellers provide financing to buyers, with a trustee holding title as security.

find out more

Trust Promissory Note

A Canadian legal document combining a promissory note with trust arrangements, where payment is promised to a trustee for the benefit of designated beneficiaries.

find out more

Supplemental Deed

A Canadian legal document that modifies or adds to an existing deed, requiring compliance with federal and provincial property laws and registration requirements.

find out more

Real Estate Trust Agreement

A Canadian legal document establishing a trust for real estate assets, defining trustee powers and beneficiary rights under federal and provincial laws.

find out more

Business Trust Deed

A Canadian legal document establishing a business trust structure, defining trustee powers, beneficiary rights, and operational framework under federal and provincial laws.

find out more

Revocable Deed

A Canadian legal document enabling property transfer with retained revocation rights, subject to federal and provincial property laws.

find out more

Simple Declaration Of Trust

A Canadian legal document establishing a trust arrangement, detailing the transfer of assets from settlor to trustee and specifying the terms of trust management.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now