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Irrevocable Trust Agreement

Irrevocable Trust Agreement Template for Switzerland

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Key Requirements PROMPT example:

Irrevocable Trust Agreement

"I need an Irrevocable Trust Agreement under Swiss law to establish a family trust for my three children, with staged distribution of my technology company shares starting from March 2025, and specific provisions for education funding before they turn 25."

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Document background
The Irrevocable Trust Agreement is a sophisticated legal instrument used in Swiss wealth planning and asset protection. It becomes relevant when individuals or entities seek to permanently transfer assets to a trust structure, typically for succession planning, asset protection, or charitable purposes. This document type gained prominence in Switzerland following the country's ratification of the Hague Convention on Trusts in 2007, despite Switzerland not being a traditional trust law jurisdiction. The agreement must carefully balance Swiss legal requirements, international trust principles, and the irrevocable nature of the arrangement. It contains detailed provisions for trust administration, beneficiary rights, and trustee obligations, while ensuring compliance with Swiss banking regulations, anti-money laundering laws, and tax requirements. The document is particularly crucial for high-net-worth individuals and families seeking long-term wealth preservation and structured succession planning.
Suggested Sections

1. Parties: Identification of the Settlor, Trustee(s), and named Beneficiaries with their full legal details

2. Background: Context for the trust's establishment and the settlor's intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Trust Creation: Declaration of trust creation, initial trust property, and irrevocable nature

5. Trust Property: Description of assets being placed in trust and provisions for additional contributions

6. Trust Purpose: Clear statement of the trust's objectives and intended benefits

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

8. Trustee Duties: Specific obligations and responsibilities of trustees

9. Beneficiary Rights: Rights of beneficiaries and conditions for benefit distribution

10. Distribution Provisions: Rules and procedures for distributing trust assets and income

11. Trust Administration: Administrative procedures and management requirements

12. Successor Trustees: Provisions for appointment and succession of trustees

13. Trust Duration: Term of the trust and conditions for termination

14. Governing Law: Specification of Swiss law as governing law and relevant jurisdictional provisions

15. Amendment Limitations: Strict limitations on trust modifications due to irrevocable nature

16. Severability: Provisions for maintaining validity if certain terms are found unenforceable

17. Execution: Signature requirements and execution formalities

Optional Sections

1. Protector Provisions: Include when a trust protector is appointed to provide additional oversight

2. Foreign Asset Provisions: Required when trust includes assets located outside Switzerland

3. Tax Provisions: Detailed section needed when specific tax planning objectives exist

4. Investment Guidelines: Include when specific investment restrictions or guidelines are needed

5. Charitable Purposes: Required when trust includes charitable beneficiaries or purposes

6. Special Needs Provisions: Include when beneficiaries include persons with special needs

7. Conflict Resolution: Detailed dispute resolution procedures when specific mechanisms are desired

8. Privacy and Confidentiality: Enhanced privacy provisions when additional confidentiality is required

Suggested Schedules

1. Schedule A - Trust Property: Detailed inventory of initial trust assets and their values

2. Schedule B - Beneficiary Information: Complete details of beneficiaries and their respective interests

3. Schedule C - Distribution Schedule: Specific terms and timing of planned distributions

4. Schedule D - Trustee Compensation: Terms of trustee remuneration and expense reimbursement

5. Appendix 1 - KYC Documentation: Required due diligence documentation for all parties

6. Appendix 2 - Tax Declarations: Relevant tax forms and declarations

7. Appendix 3 - Asset Transfer Documents: Legal documents evidencing transfer of assets to trust

8. Appendix 4 - Trustee Acceptance: Formal acceptance of appointment by initial trustees

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Private Banking

Wealth Management

Financial Services

Legal Services

Estate Planning

Family Office Services

Asset Management

Private Client Services

Trust Services

Charitable Organizations

Real Estate

Investment Management

Relevant Teams

Legal

Wealth Management

Trust Administration

Compliance

Private Banking

Risk Management

Asset Management

Estate Planning

Client Services

Financial Advisory

Investment Operations

Relevant Roles

Trust Officer

Private Banker

Wealth Manager

Legal Counsel

Tax Advisor

Estate Planning Attorney

Compliance Officer

Financial Advisor

Trust Administrator

Asset Manager

Relationship Manager

Risk Manager

Trust Operations Manager

Portfolio Manager

Family Office Director

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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