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Real Estate Trust Agreement Template for England and Wales

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Key Requirements PROMPT example:

Real Estate Trust Agreement

"Need a Real Estate Trust Agreement to establish a family trust for our London property portfolio, with three trustees and specific provisions for income distribution to benefit my children, to be effective from March 2025."

Document background
Real Estate Trust Agreements are commonly used in England and Wales for property holding arrangements, estate planning, and asset protection. This document type is essential when property owners wish to separate legal and beneficial ownership of real estate assets. The agreement must comply with English trust law principles and specific property legislation. A Real Estate Trust Agreement typically includes detailed provisions about property management, trustee duties, beneficiary rights, and administrative procedures. It's particularly useful for family property arrangements, investment structures, and succession planning.
Suggested Sections

1. Parties: Identification of settlor, trustees, and beneficiaries including full legal names and addresses

2. Background: Context and purpose of the trust, including the intent to create a trust over real estate assets

3. Definitions: Key terms used throughout the agreement including Property, Trust Period, Trust Fund, and Beneficiaries

4. Declaration of Trust: Formal creation of the trust and transfer of property, including the trust terms and beneficial interests

5. Trust Powers: Specific powers granted to trustees in relation to the property and trust administration

6. Trustee Duties: Obligations and responsibilities of trustees including statutory duties and any additional requirements

7. Duration of Trust: Term of the trust and termination provisions, including circumstances for winding up

Optional Sections

1. Investment Powers: Additional investment authorities beyond statutory powers, including any specific restrictions or permissions

2. Appointment and Removal of Trustees: Specific provisions for changing trustees that differ from statutory provisions

3. Income Distribution: Specific rules for distributing trust income and capital among beneficiaries

4. Administrative Provisions: Additional administrative powers and procedures for trust management

Suggested Schedules

1. Schedule 1: Property Description: Detailed description of trust property including title information, address, and registration details

2. Schedule 2: Beneficiary Interests: Detailed breakdown of beneficiary entitlements and their respective shares

3. Schedule 3: Initial Trust Assets: Comprehensive inventory of assets initially settled into trust

4. Appendix A: Property Documents: Copies of relevant property documents, certificates, and title deeds

Authors

Alex Denne

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

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Relevant Industries
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Industries

Trustee Act 1925: Core legislation defining trustee powers, duties, appointment and retirement procedures, and establishing fundamental investment powers for trustees

Trustee Act 2000: Modern legislation updating trustee duties, including detailed investment powers, delegation authorities, and statutory duty of care requirements

Law of Property Act 1925: Fundamental property law establishing legal estates in land, requirements for land transfers, and registration procedures

Land Registration Act 2002: Modern legislation governing property registration, including requirements for registering interests, priority rules, and protection of interests in land

Trust of Land and Appointment of Trustees Act 1996: Specific legislation governing land held in trust, including beneficiary rights and trustee powers regarding land (TOLATA)

Perpetuities and Accumulations Act 2009: Legislation governing the duration of trusts and accumulation of income within trusts

Money Laundering Regulations 2017: Regulations requiring due diligence and compliance measures in property transactions to prevent money laundering

Common Law Trust Principles: Established case law and principles governing the creation, operation, and enforcement of trusts in England and Wales

HM Land Registry Requirements: Administrative requirements and procedures for registering property and trust interests with the Land Registry

Tax Legislation: Various tax laws affecting property trusts, including Stamp Duty Land Tax (SDLT) regulations and inheritance tax provisions

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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