An Affidavit of Trust is essential in Philippine trust arrangements where formal documentation of a trust relationship is required. This document type is commonly used when there's a need to prove the existence of a trust to third parties, when managing property held in trust, or when establishing clear records for succession planning. The Affidavit of Trust must comply with Philippine Civil Code requirements and local notarial regulations, making it a legally binding declaration of the trust's existence and terms. It's particularly useful in situations involving property transfers, estate planning, or when dealing with financial institutions that require formal trust documentation. The document typically includes detailed information about the trust property, parties involved, distribution terms, and trustee powers, serving as a comprehensive record of the trust arrangement.
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1. Title and Venue: Formal title of the document and jurisdiction declaration (Republic of the Philippines, City/Province)
2. Declarant Information: Full legal name, age, citizenship, civil status, and address of the person making the affidavit (typically the trustee)
3. Oath Statement: Standard declaration that the affiant is making statements under oath
4. Trust Creation Details: Information about when and how the trust was created, including date and method of creation
5. Parties to the Trust: Identification of settlor(s), trustee(s), and beneficiary(ies) with their complete details
6. Trust Property: Detailed description of all assets placed in trust, including any identifying information such as property titles, account numbers, etc.
7. Terms of Trust: Specific conditions and terms governing the trust relationship, including trustee powers and duties
8. Distribution Provisions: Details of how and when trust assets are to be distributed to beneficiaries
9. Attestation: Final sworn statement confirming the truth of all declarations made
10. Notarial Section: Space for notary public's acknowledgment and certification
1. Successor Trustee Provisions: Include when there is a need to specify succession of trustees in case of death, incapacity, or resignation
2. Trust Amendment Procedures: Include when the trust allows for future modifications or amendments
3. Special Powers: Include when trustee requires specific additional powers beyond standard trustee authority
4. Tax Provisions: Include when specific tax arrangements or considerations need to be documented
5. Dispute Resolution: Include when specific procedures for handling disputes need to be established
1. Schedule A - Trust Property Inventory: Detailed itemization and description of all assets placed in trust
2. Schedule B - Beneficiary Information: Complete details of beneficiaries including contact information and distribution shares
3. Schedule C - Supporting Documents: List of attached documents proving ownership of trust assets
4. Appendix 1 - Property Titles and Deeds: Copies of relevant property documentation
5. Appendix 2 - Identification Documents: Copies of valid ID documents for all parties involved
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