Trust Declaration Form for New Zealand

Trust Declaration Form Template for New Zealand

A comprehensive legal document governed by New Zealand law, particularly the Trusts Act 2019, that formally establishes and declares the existence of a trust. This document sets out the complete framework for the trust's operation, including the appointment of trustees, identification of beneficiaries, specification of trust property, and detailed provisions for trust administration. It serves as the foundational document that governs the relationship between settlors, trustees, and beneficiaries, while ensuring compliance with New Zealand's trust law requirements and tax regulations.

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What is a Trust Declaration Form?

The Trust Declaration Form is a crucial legal document used in New Zealand when establishing a formal trust arrangement. It serves as the primary instrument for creating a trust structure that complies with the Trusts Act 2019 and related legislation. This document is essential when individuals or organizations wish to separate the legal ownership of assets from their beneficial ownership, whether for family wealth protection, business purposes, or charitable aims. The declaration contains vital information about the trust's formation, including details of the settlor, trustees, and beneficiaries, specific provisions regarding trust property, trustee powers and obligations, and distribution rules. It's particularly important in New Zealand's legal context, where trusts are commonly used for asset protection, estate planning, and business structuring.

What sections should be included in a Trust Declaration Form?

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

2. Background: Sets out the context and intention to create the trust

3. Definitions: Defines key terms used throughout the trust deed

4. Declaration of Trust: Formal declaration establishing the trust and transferring initial trust property

5. Trust Name: Specifies the official name of the trust

6. Trust Property: Describes the initial trust property and provisions for additional property

7. Trustee Powers: Comprehensive list of powers granted to trustees in managing the trust

8. Trustee Duties: Mandatory and default duties of trustees as per the Trusts Act 2019

9. Beneficiaries: Identifies and defines the class of beneficiaries and their entitlements

10. Trust Period: Specifies the duration of the trust and vesting date

11. Distribution Provisions: Details how and when trust property can be distributed

12. Administrative Provisions: General provisions for trust administration and decision-making

13. Trustee Appointment and Removal: Process for appointing new trustees and removing existing ones

14. Execution: Formal execution clause and signing requirements

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

1. Charitable Purposes: Required for charitable trusts, specifying charitable objectives and compliance with Charities Act

2. Investment Guidelines: Detailed investment parameters for trusts with significant investment activities

3. Family Trust Elections: Specific provisions for family trusts including relationship property considerations

4. Perpetuity Period Extension: Optional extension of the perpetuity period where applicable

5. Resettlement Powers: Powers to resettle trust assets on new trusts

6. Advisory Trustee Provisions: Provisions for appointment and role of advisory trustees

7. Conflict Resolution: Procedures for resolving disputes between trustees or with beneficiaries

8. Foreign Trust Provisions: Special provisions for trusts with international elements or foreign settlors

What schedules should be included in a Trust Declaration Form?

1. Schedule 1: Initial Trust Property: Detailed list and description of all initial trust assets

2. Schedule 2: Beneficiary Details: Full names and details of named beneficiaries

3. Schedule 3: Trustee Powers: Comprehensive list of specific powers granted to trustees

4. Schedule 4: Trustee Remuneration: Details of any trustee remuneration arrangements

5. Appendix A: Execution Forms: Standard forms for trustee appointments, resignations, and related documents

6. Appendix B: Minute Templates: Templates for trust minutes and resolutions

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

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Free to use

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What is a Trust Declaration Form?

What sections should be included in a Trust Declaration Form?

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

What schedules should be included in a Trust Declaration Form?

Authors

Alex Denne

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