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Bare Trust Deed
"I need a Bare Trust Deed to hold my Lagos commercial property for my three children as beneficiaries, with my brother acting as trustee, to be effective from March 1, 2025."
1. Parties: Identifies and defines the Settlor, Trustee(s), and Beneficiary/Beneficiaries with their full legal names and addresses
2. Background: Sets out the context of the trust creation and the Settlor's intention to create a bare trust
3. Definitions: Defines key terms used throughout the deed including 'Trust Property', 'Trust Period', and other relevant terms
4. Declaration of Trust: The formal declaration establishing the trust and confirming the transfer of the Trust Property to the Trustee(s)
5. Trust Property: Detailed description of the assets being placed in trust
6. Trustee Powers and Duties: Specifies the limited powers and duties of the Trustee(s) in the context of a bare trust
7. Beneficiary Rights: Clearly states the absolute beneficial ownership and right of the beneficiary to direct the trustees
8. Duration of Trust: Specifies the trust period and any termination provisions
9. Governing Law and Jurisdiction: Confirms Nigerian law as governing law and specifies jurisdiction for disputes
10. Execution: Formal execution clause and signature blocks for all parties
1. Trustee Indemnity: Optional clause providing protection for trustees against liabilities, recommended when dealing with complex assets
2. Trustee Retirement and Replacement: Include when multiple trustees are appointed or where succession planning is required
3. Trust Property Management: Include when the trust property requires specific management provisions
4. Tax Provisions: Include when there are specific tax considerations that need to be addressed
5. Notices: Include when formal communication procedures between parties need to be established
6. Power of Amendment: Optional clause allowing for future modifications, though less common in bare trusts
1. Schedule 1 - Trust Property: Detailed inventory and description of all assets placed in trust
2. Schedule 2 - Trustee Powers: Comprehensive list of specific powers granted to trustees
3. Schedule 3 - Initial Beneficiaries: Details of beneficiaries including full names, addresses, and their respective interests
4. Appendix A - Property Documents: Copies of relevant property titles or certificates if trust property includes real estate
5. Appendix B - Asset Valuations: Independent valuations of trust assets where required
Authors
Real Estate
Banking and Finance
Family Business
Wealth Management
Private Equity
Investment Management
Agriculture
Oil and Gas
Mining
Corporate Services
Legal
Compliance
Wealth Management
Property Management
Trust Administration
Corporate Services
Risk Management
Estate Planning
Asset Management
Investment Operations
Trust Officer
Legal Counsel
Estate Manager
Wealth Manager
Property Manager
Company Secretary
Compliance Officer
Private Client Advisor
Asset Manager
Investment Manager
Corporate Trustee
Family Office Manager
Real Estate Manager
Trust Administrator
Risk Manager
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