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Termination Of Trust Agreement
"I need a Termination of Trust Agreement for a family trust that will reach its vesting date on March 15, 2025, with three adult beneficiaries who have agreed to an equal distribution of assets consisting mainly of investment properties and shares."
1. Parties: Identifies all parties to the agreement including the trustee(s), beneficiaries, and any appointor/principal
2. Background: Recitals detailing the trust's establishment, key amendments, reason for termination, and confirmation that termination conditions are met
3. Definitions: Defines key terms used throughout the agreement
4. Trust Details: Confirms details of the trust being terminated, including establishment date, type of trust, and key terms
5. Authority to Terminate: Confirms the power and right to terminate the trust under the trust deed and applicable law
6. Confirmation of Trust Assets: Details the current assets and liabilities of the trust
7. Distribution of Assets: Specifies how trust assets will be distributed among beneficiaries
8. Tax Matters: Addresses tax implications and obligations arising from the termination
9. Release and Discharge: Provides for mutual releases between trustees and beneficiaries
10. Costs: Specifies how termination costs will be borne
11. Governing Law: Specifies the governing law and jurisdiction
12. Execution: Formal execution provisions and signing pages
1. Trustee Remuneration: Required if there are outstanding trustee fees or remuneration to be paid
2. Contingent Beneficiaries: Needed if there are contingent beneficiaries whose rights need to be addressed
3. Dispute Resolution: Include if there are existing disputes or likely contentious issues
4. Indemnities: Additional indemnities beyond standard releases, if required
5. Foreign Asset Provisions: Required if trust holds overseas assets
6. CGT Events: Detailed section on CGT events if significant tax implications exist
7. Ongoing Obligations: Required if any obligations continue post-termination
1. Schedule 1 - Trust Deed: Copy of original trust deed and amendments
2. Schedule 2 - Asset Register: Detailed list of all trust assets and their current values
3. Schedule 3 - Distribution Schedule: Detailed breakdown of how assets will be distributed
4. Schedule 4 - Outstanding Liabilities: List of all outstanding liabilities and how they will be dealt with
5. Schedule 5 - Tax Calculations: Summary of tax implications and calculations
6. Schedule 6 - Beneficiary Acknowledgments: Forms for beneficiaries to acknowledge receipt of distributions
7. Schedule 7 - Required Notices: Copies of notices required to be given to authorities
Authors
Financial Services
Professional Services
Legal Services
Wealth Management
Family Business
Real Estate
Investment Management
Private Banking
Estate Planning
Tax Advisory
Legal
Compliance
Trust Administration
Wealth Management
Tax Advisory
Risk Management
Corporate Services
Private Client Services
Financial Planning
Estate Planning
Trust Manager
Trustee
Legal Counsel
Tax Manager
Estate Planning Lawyer
Trust Administrator
Wealth Manager
Financial Advisor
Trust Accountant
Compliance Officer
Private Client Manager
Family Office Manager
Corporate Trustee Director
Trust Services Manager
Risk Manager
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