A Flexible Trust Deed is commonly used in England and Wales for estate planning and wealth management purposes. It offers a versatile solution for individuals wanting to protect and manage assets while maintaining control over future distributions. The document typically includes provisions for trustee powers, beneficiary classes, administrative procedures, and investment authority. This type of trust deed is particularly valuable when future circumstances are uncertain or when tax efficiency is a priority. The flexibility built into the trust structure allows trustees to respond to changing family situations, tax regulations, and economic conditions.
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1. Date and Parties: Details of the settlor, trustees, and date of trust creation
2. Background: Purpose of the trust and context of its creation
3. Definitions: Key terms used throughout the deed including interpretation provisions
4. Trust Property: Description of assets being placed in trust and how they are to be held
5. Beneficiaries: Definition of beneficiary class and potential beneficiaries
6. Trustees' Powers: Detailed powers granted to trustees including investment and management powers
7. Administrative Provisions: Day-to-day management of the trust including decision-making procedures
1. Appointment and Removal of Trustees: Used when specific provisions beyond statutory powers are needed for trustee succession
2. Trustees' Remuneration: Include when trustees will be professionally compensated for their services
3. Excluded Beneficiaries: Used when specific persons should be excluded from benefit under the trust
4. Protection Provisions: Additional clauses protecting trustees from liability when acting in good faith
1. Schedule 1: Initial Trust Property: Detailed list and description of assets initially settled into trust
2. Schedule 2: Additional Trustees' Powers: Supplementary powers beyond standard provisions granted to trustees
3. Schedule 3: Beneficiary Classes: Detailed definition of beneficiary categories and distribution rules
4. Schedule 4: Administrative Provisions: Detailed procedures for trust administration and trustee meetings
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