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Trust Release Form

Trust Release Form Template for Philippines

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Key Requirements PROMPT example:

Trust Release Form

"I need a Trust Release Form for the complete termination of a family trust where I'm stepping down as trustee after distributing all assets to three adult beneficiaries by March 2025, with specific provisions for tax clearance documentation."

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Document background
The Trust Release Form is a crucial document in Philippine trust law that marks the formal conclusion of a trust arrangement or the discharge of a trustee's duties. It is typically used when a trust is being terminated, when all or part of the trust assets have been distributed, or when a trustee is being replaced. The document must comply with the Civil Code of the Philippines and relevant trust legislation, including the Trust Business Law (Republic Act No. 337). The form includes detailed information about the trust assets, confirmation of their distribution, explicit release language, and acknowledgments from beneficiaries. It serves as vital protection for trustees by documenting that they have properly fulfilled their fiduciary duties and obtained formal release from beneficiaries. This document is particularly important in preventing future disputes and providing clear evidence of the proper conclusion of trust responsibilities.
Suggested Sections

1. Parties: Identification of the Trustee, Beneficiary(ies), and if applicable, the Settlor or their representatives

2. Background: Details of the original trust creation, including date, purpose, and reference to the trust instrument

3. Definitions: Key terms used in the document including 'Trust Property', 'Release', 'Trust Instrument', etc.

4. Trust Property Description: Detailed description of all trust assets being released

5. Confirmation of Distribution: Confirmation that all trust property has been properly distributed according to the trust terms

6. Release and Discharge: Express language releasing the trustee from all duties, obligations, and liabilities related to the trust

7. Acknowledgment of Receipt: Beneficiary's acknowledgment of receiving their share of trust assets

8. Representations and Warranties: Statements by both parties regarding their capacity and authority to execute the release

9. Governing Law: Specification that Philippine law governs the release

10. Execution: Signature blocks and notarization requirements

Optional Sections

1. Tax Matters: Include when there are outstanding tax obligations or specific tax-related agreements

2. Dispute Resolution: Include when parties wish to specify a particular method for resolving future disputes

3. Continuing Obligations: Include when certain obligations survive the trust termination

4. Indemnification: Include when specific indemnification terms are needed beyond standard release language

5. Confidentiality: Include when parties wish to maintain confidentiality about trust terms or assets

6. Partial Release: Include when the release applies to only part of the trust assets or specific trustee duties

Suggested Schedules

1. Schedule A - Trust Property Inventory: Detailed inventory of all trust assets being released

2. Schedule B - Distribution Statement: Breakdown of how trust assets were distributed among beneficiaries

3. Schedule C - Final Trust Accounts: Final accounting of the trust, including all receipts and disbursements

4. Appendix 1 - Original Trust Deed: Copy of the original trust instrument for reference

5. Appendix 2 - Required Certificates: Any required tax clearance certificates or regulatory approvals

6. Appendix 3 - Powers of Attorney: If any party is acting through an attorney-in-fact

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Banking and Financial Services

Estate Planning

Real Estate

Investment Management

Family Office Services

Corporate Services

Legal Services

Wealth Management

Insurance

Private Banking

Relevant Teams

Legal

Wealth Management

Trust Administration

Compliance

Risk Management

Private Banking

Estate Planning

Corporate Services

Document Management

Client Relations

Relevant Roles

Trust Officer

Wealth Manager

Estate Planning Attorney

Corporate Trustee

Trust Administrator

Legal Counsel

Compliance Officer

Private Banking Manager

Financial Advisor

Risk Management Officer

Trust Operations Manager

Estate Settlement Officer

Fiduciary Services Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): The fundamental law governing property relations, trusts, and contracts in the Philippines. Particularly relevant are Book II (Property, Ownership, and its Modifications) and Book IV (Obligations and Contracts).
Trust Business Law (Republic Act No. 337): Regulates trust operations and relationships, including the creation, management, and termination of trusts in the Philippines.
National Internal Revenue Code (Republic Act No. 8424): Contains provisions regarding tax implications of trust termination and transfer of trust assets, including potential capital gains tax and documentary stamp tax requirements.
Securities Regulation Code (Republic Act No. 8799): Relevant if the trust involves securities or investment instruments, governing the transfer and disposition of such assets.
Rules of Court (Rule 98): Provides procedural rules for trust-related proceedings and judicial intervention in trust matters when necessary.
Anti-Money Laundering Act (Republic Act No. 9160): Must be considered for compliance requirements when releasing substantial trust assets to ensure the transaction is not part of money laundering activities.
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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