Declaration Of Trust Form for Malaysia

Declaration Of Trust Form Template for Malaysia

A Declaration of Trust Form is a formal legal document used in Malaysia to establish and document a trust arrangement. This document, governed by Malaysian law (primarily the Trustees Act 1949), creates a fiduciary relationship where a trustee holds and manages assets on behalf of beneficiaries. The document details the trust property, beneficiaries' rights, trustees' powers and duties, and the terms of trust administration. It must comply with Malaysian legal requirements, including proper execution and stamping under relevant legislation such as the Stamp Act 1949.

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What is a Declaration Of Trust Form?

The Declaration of Trust Form is a critical legal instrument in Malaysian trust law, used to formally establish and document trust arrangements. This document is essential when individuals or entities wish to create a trust structure for asset protection, estate planning, or wealth management purposes. It must comply with Malaysian legislation, particularly the Trustees Act 1949 and related statutes. The document is commonly used in situations involving property holdings, family wealth transfer, charitable trusts, or business succession planning. It contains detailed provisions about the trust property, rights and obligations of all parties, trust administration procedures, and distribution terms. The Declaration of Trust Form serves as the foundational document that trustees, beneficiaries, and other stakeholders rely upon to understand and execute their respective roles and responsibilities within the trust arrangement.

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

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

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

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration creating the trust and transferring legal ownership to trustees

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

6. Powers of Trustees: Specifies the powers granted to trustees in managing the trust property

7. Duties of Trustees: Outlines the responsibilities and obligations of the trustees

8. Trust Terms: Specifies how the trust is to be managed and how benefits are to be distributed

9. Duration of Trust: States the term of the trust and any conditions for its termination

10. Governing Law: Confirms Malaysian law as governing law and jurisdiction

11. Execution: Formal signing section with witness requirements

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

1. Trustee Remuneration: Include when trustees are to be compensated for their services

2. Appointment and Removal of Trustees: Include when specific procedures for changing trustees are required

3. Investment Powers: Include when trustees need specific investment authority beyond statutory powers

4. Protector Provisions: Include when a trust protector is to be appointed to oversee trustees

5. Distribution Provisions: Include when complex distribution rules or conditions apply

6. Minor Beneficiaries: Include when beneficiaries include minors requiring special provisions

7. Variation Clause: Include when specific power to vary trust terms is required

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

1. Schedule 1 - Trust Property: Detailed inventory and description of all assets placed in trust

2. Schedule 2 - Beneficiaries: Full details of all beneficiaries and their respective entitlements

3. Schedule 3 - Investment Powers: Specific investment powers and restrictions if different from statutory powers

4. Appendix A - Trustee Contact Information: Contact details and correspondence addresses for all trustees

5. Appendix B - Distribution Rules: Detailed rules and conditions for benefit distribution if complex

6. Appendix C - Certificates of Title: Copies of title documents for any property placed in trust

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

Malaysia

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Banking & Finance

Real Estate

Wealth Management

Legal Services

Estate Planning

Private Banking

Property Development

Family Office Services

Investment Management

Professional Services

Relevant Teams

Legal

Wealth Management

Trust Administration

Estate Planning

Compliance

Private Banking

Property Management

Financial Advisory

Tax Planning

Risk Management

Relevant Roles

Trust Officer

Private Banker

Wealth Manager

Estate Planning Lawyer

Legal Counsel

Trust Administrator

Property Manager

Financial Advisor

Trust Account Manager

Compliance Officer

Corporate Trustee

Family Office Manager

Tax Consultant

Asset Manager

Trust Operations 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

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