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Notarial Deed Of Trust for the United Kingdom

Notarial Deed Of Trust Template for England and Wales

A Notarial Deed of Trust is a formal legal document executed before a Notary Public in England and Wales, creating a trust relationship between parties. It establishes the terms under which assets are held, managed, and distributed by trustees for the benefit of specified beneficiaries. The document carries additional weight due to its notarial authentication, making it particularly suitable for high-value transactions or situations requiring enhanced evidential value.

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Notarial Deed Of Trust

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What is a Notarial Deed Of Trust?

A Notarial Deed Of Trust is utilized when parties require a highly formal and authenticated trust arrangement under English and Welsh law. It's particularly relevant for high-value assets, international transactions, or situations requiring enhanced credibility and evidential weight. The document comprehensively details the trust's structure, including appointment of trustees, definition of beneficiaries, asset schedules, and management powers. Its notarial execution provides additional security and recognition, especially useful for cross-border situations or when dealing with foreign authorities.

What sections should be included in a Notarial Deed Of Trust?

1. Parties: Details of settlor, trustees, and beneficiaries

2. Background: Context and purpose of the trust

3. Definitions: Key terms used throughout the deed

4. Trust Declaration: Formal declaration of trust and trust property

5. Trustee Powers: Scope of trustees' authority and powers

6. Administrative Provisions: Day-to-day management of trust

What sections are optional to include in a Notarial Deed Of Trust?

1. Investment Powers: Specific investment authorities beyond statutory powers - used for trusts with significant financial assets

2. Appointment and Removal of Trustees: Process for changing trustees - typically included for longer-term trusts

3. Remuneration Provisions: Trustee compensation terms - included when professional trustees are involved

What schedules should be included in a Notarial Deed Of Trust?

1. Schedule of Assets: Detailed list of trust property and assets

2. Schedule of Beneficiaries: Full details of beneficiaries and their respective entitlements

3. Investment Guidelines: Specific investment parameters and restrictions for trust assets

4. Powers of Attorney: Documentation of specific delegated powers where applicable

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Trust Deed

Cost

Free to use
Relevant legal definitions



































Clauses

































Industries

Trustee Act 1925: Core legislation defining trustee powers, duties, and administrative provisions. Establishes fundamental investment powers for trustees.

Trustee Act 2000: Modern update to trust law introducing enhanced trustee duties, expanded investment powers, and statutory duty of care provisions.

Law of Property Act 1925: Establishes formalities for creation of trusts and specific requirements for land/property held in trust arrangements.

Public Notaries Act 1801 and 1843: Defines requirements for notarial execution, including notary's powers and duties for authenticating documents.

Perpetuities and Accumulations Act 2009: Sets out rule against perpetuities and establishes time limits on trust duration to prevent indefinite trust arrangements.

Money Laundering Regulations 2017: Establishes Trust Registration Service requirements and anti-money laundering obligations for trusts.

5th Money Laundering Directive: Updates to trust registration and transparency requirements under EU/UK anti-money laundering framework.

Trusts of Land and Appointment of Trustees Act 1996: Specific provisions governing trusts involving land or property, including trustee appointment and beneficiary rights.

Finance Act 2006: Establishes tax implications and reporting requirements for trusts, including relevant tax treatment and obligations.

Common Law Three Certainties: Legal principle requiring certainty of intention, subject matter, and objects (beneficiaries) for valid trust creation.

Fiduciary Duties: Common law principles establishing trustees' obligations of loyalty, care, and good faith in managing trust assets.

Equity Principles: Fundamental principles of fairness and conscience that underpin trust law and guide judicial interpretation.

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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