The Deed of Gift to Trust is a crucial instrument in estate planning and wealth management under England and Wales law. It is typically used when individuals wish to transfer assets into a trust structure for tax efficiency, asset protection, or succession planning purposes. This document outlines the specific terms of the gift, the powers and duties of trustees, and the rights of beneficiaries. It must comply with various legal requirements, including the Trustee Act 2000 and the Law of Property Act 1925, and should be carefully drafted to address potential tax implications under the Inheritance Tax Act 1984.
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1. Parties: Identifies the donor, trustees, and any other relevant parties
2. Background: Explains the context and purpose of the gift
3. Definitions: Defines key terms used in the deed
4. Declaration of Gift: Formal statement of the gift and its terms
5. Trust Terms: Specifies how the gift is to be held in trust
6. Trustee Powers: Details the powers granted to trustees
7. Execution: Signature blocks and attestation
1. Tax Warranties: Additional warranties and representations regarding tax status and implications of the gift
2. Revocation Rights: Provisions specifying any circumstances under which the gift may be revoked
3. Investment Powers: Specific investment authorities and restrictions for complex financial assets
1. Schedule 1: Property Description: Detailed description and inventory of the gifted property
2. Schedule 2: Trustee Powers: Comprehensive list of trustee powers and authorities
3. Schedule 3: Beneficiary Details: Information about trust beneficiaries and their respective interests
4. Appendix A: Valuation Report: Independent valuation of gifted assets where required
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