A Family Trust Agreement is a crucial estate planning tool used to protect and manage family assets across generations. This document, governed by English and Welsh law, enables individuals to establish a trust structure that can provide tax efficiency, asset protection, and controlled distribution of wealth. It's particularly valuable when there's a desire to ensure long-term financial security for family members, protect assets from creditors, or provide for beneficiaries with specific needs. The agreement must comply with various legislative requirements including the Trustee Act 2000 and the Perpetuities and Accumulations Act 2009.
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1. Parties: Identifies the settlor, trustees, and beneficiaries of the trust
2. Background: Sets out the context, purpose, and intention of establishing the trust
3. Definitions: Defines key terms and concepts used throughout the trust agreement
4. Trust Property: Describes the assets being placed in trust and how they are to be held
5. Trustee Powers: Details the powers granted to trustees in managing and administering the trust
6. Distribution Provisions: Specifies how and when trust assets are to be distributed to beneficiaries
7. Duration of Trust: Specifies the trust period and conditions for termination
1. Letter of Wishes: Non-binding guidance from settlor to trustees regarding discretionary decisions
2. Protector Provisions: Defines the role and powers of trust protector when additional oversight is desired
3. Special Needs Provisions: Specific provisions for beneficiaries with special needs or disabilities
1. Schedule of Assets: Detailed list of initial trust property and assets
2. Schedule of Beneficiaries: Complete list of beneficiaries and their respective interests in the trust
3. Investment Guidelines: Specific investment parameters and guidelines for trustees
4. Trustee Remuneration Schedule: Details of trustee compensation and reimbursement provisions
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