A Living Trust Deed is commonly used in England and Wales when individuals wish to establish a formal structure for managing their assets during their lifetime and ensuring smooth transition after death. The document specifies the trust's terms, trustees' powers, beneficiaries' rights, and distribution provisions. It's particularly useful for tax planning, protecting assets, and providing for family members or other beneficiaries in a controlled manner. The Living Trust Deed must comply with English trust law principles and can be especially valuable for complex family situations or substantial assets requiring sophisticated management.
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1. Parties: Details of settlor, trustees, and beneficiaries including their full names, addresses and capacities
2. Background: Purpose of the trust, context for its creation, and intention of the settlor
3. Definitions: Key terms used throughout the deed including definitions of Trust Property, Trust Period, Beneficiaries, etc.
4. Trust Declaration: Formal declaration creating the trust, specifying the trust property and the terms on which it is to be held
5. Trust Powers: Comprehensive list of powers granted to trustees including investment, management, and distribution powers
6. Distribution Provisions: Rules and mechanisms for distributing trust assets and income to beneficiaries
7. Trustee Provisions: Procedures for appointment, retirement, and replacement of trustees, plus their duties and protections
1. Letter of Wishes: Non-binding guidance from settlor to trustees regarding the exercise of discretionary powers
2. Incapacity Provisions: Special provisions dealing with potential future incapacity of the settlor or beneficiaries
3. Investment Provisions: Specific investment powers, restrictions and guidelines beyond statutory powers
1. Schedule 1 - Trust Property: Detailed inventory of initial assets transferred into the trust
2. Schedule 2 - Beneficiaries: Complete list of beneficiaries with their respective interests and entitlements
3. Schedule 3 - Trustees' Powers: Detailed enumeration of specific powers granted to trustees beyond statutory powers
4. Schedule 4 - Investment Guidelines: Specific investment parameters, restrictions and guidelines for trustees to follow
Relevant legal definitions
Trust
Trust Fund
Trust Period
Trust Property
Settlor
Trustees
Original Trustees
Beneficiaries
Default Beneficiaries
Discretionary Beneficiaries
Perpetuity Period
Vesting Day
Appointment
Accumulation Period
Trust Income
Trust Capital
Distribution Date
Excluded Person
Investment
Proper Law
Power of Appointment
Power of Advancement
Power of Maintenance
Statutory Powers
Tax Year
Trust Documents
Incapacity
Letter of Wishes
Professional Trustee
Trust Expenses
Delegation Powers
Investment Powers
Administrative Powers
Independent Trustee
Trustees' Remuneration
Trust Fund
Trust Period
Trust Property
Settlor
Trustees
Original Trustees
Beneficiaries
Default Beneficiaries
Discretionary Beneficiaries
Perpetuity Period
Vesting Day
Appointment
Accumulation Period
Trust Income
Trust Capital
Distribution Date
Excluded Person
Investment
Proper Law
Power of Appointment
Power of Advancement
Power of Maintenance
Statutory Powers
Tax Year
Trust Documents
Incapacity
Letter of Wishes
Professional Trustee
Trust Expenses
Delegation Powers
Investment Powers
Administrative Powers
Independent Trustee
Trustees' Remuneration
Clauses
Trust Declaration
Trust Property
Beneficiary Rights
Trustee Powers
Investment Powers
Distribution Powers
Administrative Powers
Appointment and Removal of Trustees
Trustee Remuneration
Delegation
Income Distribution
Capital Distribution
Accumulation
Advancement
Maintenance
Trustee Indemnity
Trust Period
Perpetuity
Variation Powers
Incapacity Provisions
Accounting and Records
Tax Provisions
Governing Law
Severability
Trustee Liability
Exclusion of Beneficiaries
Power of Revocation
Professional Advice
Investment Restrictions
Bank Accounts
Insurance
Property Management
Confidentiality
Notices
Disputes Resolution
Trust Property
Beneficiary Rights
Trustee Powers
Investment Powers
Distribution Powers
Administrative Powers
Appointment and Removal of Trustees
Trustee Remuneration
Delegation
Income Distribution
Capital Distribution
Accumulation
Advancement
Maintenance
Trustee Indemnity
Trust Period
Perpetuity
Variation Powers
Incapacity Provisions
Accounting and Records
Tax Provisions
Governing Law
Severability
Trustee Liability
Exclusion of Beneficiaries
Power of Revocation
Professional Advice
Investment Restrictions
Bank Accounts
Insurance
Property Management
Confidentiality
Notices
Disputes Resolution
Relevant Industries
Relevant Teams
Relevant Roles
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