An Affidavit of Trust is a crucial legal document in Malaysian trust law that serves as a sworn statement verifying the existence and details of a trust arrangement. This document is typically required when dealing with third parties who need official confirmation of the trust's existence and terms, such as during property transactions, financial dealings, or legal proceedings. The affidavit must comply with Malaysian legislation, including the Trustee Act 1949 and the Statutory Declarations Act 1960, and must be properly executed before a Commissioner for Oaths. It contains detailed information about the trust's creation, its trustees, beneficiaries, assets, and key provisions. The document is particularly valuable in situations where the original trust deed is private or where a condensed, officially verified statement of the trust's existence and key terms is required.
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1. Title and Declaration: Formal title of the document and opening declaration stating this is an affidavit
2. Declarant Information: Full legal name, address, and capacity of the person making the affidavit
3. Trust Identification: Name of the trust, date of creation, and type of trust
4. Trustee Information: Details of all current trustees, including the declarant if applicable
5. Trust Creation Verification: Confirmation of the valid creation of the trust and reference to the trust instrument
6. Trust Purpose: Statement of the primary purpose and objectives of the trust
7. Trust Property Declaration: General statement about the property held in trust
8. Beneficiary Acknowledgment: General statement acknowledging the existence of beneficiaries
9. Trustee Powers and Duties: Summary of key trustee powers and responsibilities
10. Verification Statement: Statement verifying all information is true and correct
11. Execution Block: Space for signature, commissioner for oaths details, and formal attestation
1. Successor Trustee Provisions: Include when the trust has provisions for successor trustees
2. Trust Amendment History: Include if the trust has been modified since its creation
3. Special Powers: Include when trustees have been granted specific or unusual powers
4. Distribution Provisions: Include for trusts with specific distribution requirements or schedules
5. Tax Considerations: Include when there are specific tax-related declarations needed
6. Foreign Assets Declaration: Include when trust holds assets in multiple jurisdictions
7. Co-Trustee Relationships: Include when multiple trustees exist with specific relationship structures
8. Trust Protector Details: Include if the trust has a appointed protector
1. Schedule A - Trust Assets: Detailed inventory of all assets currently held in the trust
2. Schedule B - Beneficiary Details: Complete list of beneficiaries and their respective interests
3. Schedule C - Trust Instrument: Copy or extract of the original trust deed or instrument
4. Schedule D - Supporting Documents: Copies of relevant certificates, titles, or other supporting documentation
5. Appendix 1 - Corporate Trustee Details: If applicable, detailed information about any corporate trustee
6. Appendix 2 - Distribution Schedule: If applicable, detailed schedule of planned or required distributions
Relevant legal definitions
Trust
Trust Deed
Trustee
Beneficiary
Trust Property
Settlement Date
Trust Period
Commissioner for Oaths
Declarant
Trust Instrument
Identity Card
Trust Assets
Distribution
Trust Powers
Trust Administration
Trust Income
Trust Capital
Governing Law
Trust Protector
Successor Trustee
Trust Register
Trust Account
Trust Certificate
Settlement Sum
Trust Jurisdiction
Trust Deed
Trustee
Beneficiary
Trust Property
Settlement Date
Trust Period
Commissioner for Oaths
Declarant
Trust Instrument
Identity Card
Trust Assets
Distribution
Trust Powers
Trust Administration
Trust Income
Trust Capital
Governing Law
Trust Protector
Successor Trustee
Trust Register
Trust Account
Trust Certificate
Settlement Sum
Trust Jurisdiction
Clauses
Identification
Declaration
Trust Existence
Trust Property
Trustee Appointment
Beneficiary Rights
Trust Powers
Trust Administration
Asset Declaration
Distribution Rights
Successor Appointment
Trust Duration
Governing Law
Verification
Attestation
Property Holdings
Legal Compliance
Trust Modification
Fiduciary Duties
Investment Powers
Liability
Jurisdiction
Execution
Declaration
Trust Existence
Trust Property
Trustee Appointment
Beneficiary Rights
Trust Powers
Trust Administration
Asset Declaration
Distribution Rights
Successor Appointment
Trust Duration
Governing Law
Verification
Attestation
Property Holdings
Legal Compliance
Trust Modification
Fiduciary Duties
Investment Powers
Liability
Jurisdiction
Execution
Relevant Industries
Financial Services
Legal Services
Wealth Management
Real Estate
Banking
Insurance
Family Office Services
Estate Planning
Corporate Services
Investment Management
Private Banking
Professional Services
Relevant Teams
Legal
Compliance
Wealth Management
Trust Administration
Estate Planning
Risk Management
Corporate Services
Private Banking
Financial Advisory
Document Management
Relevant Roles
Trust Officer
Legal Counsel
Estate Planning Attorney
Wealth Manager
Trust Administrator
Compliance Officer
Financial Advisor
Private Banking Manager
Trust Operations Manager
Commissioner for Oaths
Corporate Trustee
Legal Executive
Trust Account Manager
Risk Management Officer
Probate Specialist
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