Trust Declaration Form for Nigeria

Trust Declaration Form Template for Nigeria

A Trust Declaration Form is a formal legal document used in Nigeria to establish and document the creation of a trust arrangement. Governed by the Nigerian Trustee Act and related legislation, this document outlines the transfer of assets from a settlor to trustees, who will manage these assets for the benefit of specified beneficiaries. The document includes detailed provisions regarding trust administration, trustee powers and duties, distribution rules, and beneficiary rights, all while ensuring compliance with Nigerian trust law and regulatory requirements. It serves as the foundational document that governs the entire trust relationship and provides a framework for trust management and administration.

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What is a Trust Declaration Form?

The Trust Declaration Form is a crucial legal instrument in Nigerian trust law, used to formally establish and document trust arrangements. This document is essential when individuals or organizations wish to create a trust structure for asset protection, estate planning, charitable purposes, or business arrangements. The form must comply with the Nigerian Trustee Act of 1961 and other relevant legislation, including the Companies and Allied Matters Act (CAMA) 2020 when corporate trustees are involved. It contains comprehensive details about the trust property, parties involved, administrative provisions, and distribution mechanisms. The Trust Declaration Form is particularly important in Nigeria's legal framework as it provides clear evidence of the settlor's intention to create a trust and serves as the primary reference document for trustees in carrying out their duties. It's commonly used in family wealth planning, charitable foundations, corporate structures, and other arrangements requiring formal trust establishment.

What sections should be included in a Trust Declaration Form?

1. Parties: Identification of the Settlor(s), Trustee(s), and categories of Beneficiaries

2. Background: Context of the trust creation and the settlor's intention to create the trust

3. Definitions: Definitions of key terms used throughout the trust declaration

4. Declaration of Trust: Formal declaration establishing the trust and transferring assets to trustees

5. Trust Property: Description and details of the initial trust property/fund

6. Trustee Powers: Enumeration of the powers granted to trustees in managing the trust

7. Trustee Duties: Specification of trustees' obligations and responsibilities

8. Distribution Provisions: Rules and guidelines for distributing trust income and capital

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

10. Administrative Provisions: General provisions for trust administration and management

11. Governing Law: Specification of Nigerian law as governing law and jurisdiction

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

1. Charitable Purposes: Required if the trust has charitable objectives or beneficiaries

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

3. Investment Guidelines: Specific investment policies and restrictions for complex trust assets

4. Successor Trustees: Mechanism for appointing replacement trustees, if desired

5. Letter of Wishes: Non-binding guidance from settlor to trustees about trust administration

6. Arbitration Clause: Alternative dispute resolution provisions if desired

7. Special Powers: Additional powers for specific circumstances or assets

8. Foreign Element Provisions: Required if trust has international aspects or foreign beneficiaries

What schedules should be included in a Trust Declaration Form?

1. Schedule 1 - Initial Trust Property: Detailed inventory of all assets initially settled into the trust

2. Schedule 2 - Beneficiaries: Full list of beneficiaries and their respective interests or shares

3. Schedule 3 - Trustee Remuneration: Details of trustee compensation and expense reimbursement

4. Schedule 4 - Distribution Rules: Specific rules and formulas for trust distributions

5. Appendix A - Asset Valuation: Initial valuation certificates or reports for trust assets

6. Appendix B - Administrative Procedures: Detailed procedures for trust administration and decision-making

7. Appendix C - Meeting Procedures: Procedures for trustee meetings and decision documentation

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

Nigeria

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Legal Services

Real Estate

Family Office

Wealth Management

Corporate Services

Private Banking

Estate Planning

Charitable Organizations

Investment Management

Professional Services

Banking

Relevant Teams

Legal

Compliance

Wealth Management

Trust Administration

Estate Planning

Risk Management

Client Services

Corporate Services

Investment Management

Tax Advisory

Relevant Roles

Trust Officer

Legal Counsel

Wealth Manager

Estate Planning Attorney

Trust Administrator

Compliance Officer

Financial Advisor

Private Client Manager

Corporate Trustee

Tax Consultant

Investment Manager

Risk Manager

Company Secretary

Trust Operations Manager

Client Relations 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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