Declaration Of Trust Form for Malta

Declaration Of Trust Form Template for Malta

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Declaration Of Trust Form

"I need a Declaration of Trust Form under Maltese law to establish a family trust for my three children's education, with scheduled distributions starting January 2025 and provisions for a trust protector to oversee investment decisions."

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What is a Declaration Of Trust Form?

The Declaration Of Trust Form is a crucial document in Maltese trust law, used to formally establish and document trust arrangements. It serves as the founding document that defines the trust relationship, outlining how assets are to be held, managed, and distributed by trustees for the benefit of specified beneficiaries. This document is essential in Malta's sophisticated financial services sector, where trusts are commonly used for estate planning, asset protection, and wealth management. The form must comply with the Trusts and Trustees Act of Malta and requires registration with the Malta Financial Services Authority (MFSA). It's particularly relevant for both private and commercial trust arrangements, including family trusts, charitable trusts, and commercial trust structures. The document typically includes detailed provisions about trust property, trustee powers, beneficiary rights, and administrative requirements, ensuring clarity and legal certainty in trust relationships under Maltese jurisdiction.

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

1. Parties: Identifies the Settlor(s), Trustee(s), and Beneficiaries with their full legal names and addresses

2. Background: Sets out the context and purpose of creating the trust

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration establishing the trust and transferring assets to the trustee

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

6. Powers of Trustees: Comprehensive list of powers granted to the trustees in managing the trust

7. Duties of Trustees: Obligations and responsibilities of the trustees

8. Beneficiary Rights: Rights and entitlements of the beneficiaries

9. Trust Duration: Period of the trust and any conditions for termination

10. Distribution Provisions: Rules and procedures for distributing trust assets to beneficiaries

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

12. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

13. Execution: Signature blocks and attestation requirements

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

1. Protector Provisions: Include when a trust protector is appointed to oversee certain aspects of trust administration

2. Successor Trustees: Include when specific provisions for successor trustees are needed

3. Investment Guidelines: Include when specific investment restrictions or guidelines are required

4. Letter of Wishes: Include when the settlor wishes to provide non-binding guidance to trustees

5. Dispute Resolution: Include when specific arbitration or mediation procedures are desired

6. Tax Provisions: Include when specific tax planning arrangements need to be documented

7. Foreign Element Provisions: Include when trust has international aspects requiring specific handling

8. Variation Powers: Include when specific powers to modify trust terms are required

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

1. Schedule 1 - Trust Property: Detailed inventory of initial trust assets and their values

2. Schedule 2 - Beneficiary Details: Full details of beneficiaries including contact information and benefit shares

3. Schedule 3 - Trustee Remuneration: Details of trustee fees and payment arrangements

4. Schedule 4 - Investment Guidelines: Specific investment policies and restrictions

5. Appendix A - Letter of Wishes: Non-binding memorandum from settlor providing guidance to trustees

6. Appendix B - Administrative Provisions: Detailed administrative procedures and requirements

7. Appendix C - Compliance Requirements: MFSA and AML compliance requirements and procedures

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

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Financial Services

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Estate Planning

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Compliance

Private Client Services

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What is a Declaration Of Trust Form?

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

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

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

Authors

Alex Denne

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