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Simple Trust Agreement
"I need a Simple Trust Agreement to establish a family trust for my three children, transferring my investment portfolio and property in Kuala Lumpur to be managed by HSBC Malaysia as the professional trustee, with distributions to begin when my youngest child turns 21 in March 2025."
1. Parties: Identifies the Settlor, Trustee(s), and Beneficiaries with their full legal names and addresses
2. Background: Sets out the context and purpose of creating the trust
3. Definitions: Defines key terms used throughout the agreement
4. Declaration of Trust: Formal declaration establishing the trust and transfer of assets to trustees
5. Trust Property: Detailed description of the assets being placed in trust
6. Powers of Trustees: Enumeration of the trustees' powers in managing and administering the trust
7. Duties of Trustees: Specific responsibilities and obligations of the trustees
8. Rights of Beneficiaries: Outlines the entitlements and rights of the beneficiaries
9. Distribution of Trust Income and Capital: Rules for distributing trust income and capital to beneficiaries
10. Duration of Trust: Specifies the term of the trust and conditions for termination
11. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and jurisdiction for disputes
1. Appointment and Removal of Trustees: Procedures for appointing new trustees or removing existing ones - include when multiple trustees are involved
2. Trustee Remuneration: Details of any fees or compensation for trustees - include when professional trustees are appointed
3. Investment Powers: Specific investment guidelines and restrictions - include for trusts with significant financial assets
4. Protector Provisions: Role and powers of a trust protector - include when additional oversight is desired
5. Variation of Trust: Mechanisms for modifying trust terms - include for long-term or complex trusts
6. Accounting and Reporting: Requirements for financial reporting to beneficiaries - include for larger trusts or when required by beneficiaries
7. Conflict Resolution: Detailed dispute resolution procedures - include when multiple beneficiaries or complex arrangements exist
1. Schedule 1 - Trust Property: Detailed inventory and description of all assets placed in trust
2. Schedule 2 - Beneficiaries: Full details of beneficiaries including shares or entitlements
3. Schedule 3 - Investment Guidelines: Specific investment policies and restrictions if applicable
4. Appendix A - Key Contact Information: Contact details for all relevant parties including professional advisors
5. Appendix B - Trustee Certification: Formal acceptance of appointment by trustees
6. Appendix C - Asset Transfer Documents: Copies of relevant transfer documents for trust property
Authors
Financial Services
Real Estate
Family Business
Wealth Management
Non-Profit/Charity
Education
Healthcare
Private Banking
Professional Services
Estate Planning
Legal
Wealth Management
Trust Administration
Compliance
Risk Management
Private Banking
Estate Planning
Tax Advisory
Corporate Services
Client Relations
Trust Officer
Estate Planning Attorney
Wealth Manager
Financial Advisor
Private Banker
Legal Counsel
Compliance Officer
Tax Consultant
Family Office Manager
Trust Administrator
Relationship Manager
Risk Management Officer
Corporate Trustee
Estate Planning Specialist
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