The Revocable Deed of Trust is a crucial estate planning tool in the Philippines, designed to facilitate efficient asset management and transfer while providing flexibility and control to the trust creator. This document is commonly used when individuals wish to establish a structured arrangement for managing their assets during their lifetime and ensuring smooth distribution after their death, while retaining the ability to modify or revoke the arrangement. The deed must comply with Philippine trust laws, particularly the Civil Code of the Philippines (Republic Act No. 386) and related regulations. It typically includes detailed provisions about trust property, trustee powers, beneficiary rights, distribution terms, and administrative procedures. This type of trust is particularly valuable for high-net-worth individuals, family estate planning, and business succession planning, offering advantages in terms of privacy, flexibility, and potential tax efficiency compared to traditional wills.
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1. Parties: Identifies and defines the Settlor (trust creator), Trustee(s), and Beneficiaries with their complete details
2. Background: Explains the context and purpose for creating the trust
3. Definitions: Defines key terms used throughout the deed
4. Declaration of Trust: Formal establishment of the trust and transfer of assets to the trustee
5. Trust Property: Detailed description of all assets being placed in trust
6. Powers of the Trustee: Comprehensive list of powers granted to the trustee in managing the trust
7. Duties of the Trustee: Specific responsibilities and obligations of the trustee
8. Rights of the Settlor: Powers retained by the settlor, including the right to revoke or modify the trust
9. Distribution Provisions: Terms governing how and when trust assets are to be distributed to beneficiaries
10. Trust Administration: Procedures for managing the trust, including accounting and reporting requirements
11. Revocation and Amendment: Process and conditions for modifying or terminating the trust
12. Governing Law and Jurisdiction: Specifies that Philippine law governs the trust and establishes jurisdiction
13. Execution: Signature blocks and notarization requirements
1. Co-Trustee Provisions: Required when multiple trustees are appointed, defining their roles and decision-making process
2. Successor Trustee Provisions: Details the process of appointing successor trustees and circumstances triggering succession
3. Investment Guidelines: Specific instructions for investment of trust assets, used when the trust includes substantial financial assets
4. Special Needs Provisions: Required when beneficiaries have special needs or requirements
5. Spendthrift Provisions: Protects beneficiaries' interests from creditors
6. Tax Planning Provisions: Specific provisions to optimize tax efficiency
7. Business Interest Management: Required when trust property includes business interests
8. Foreign Asset Provisions: Required when trust includes assets located outside the Philippines
1. Schedule A - Trust Property: Detailed inventory of all assets initially placed in the trust
2. Schedule B - Beneficiary Distribution Schedule: Specific instructions for distribution of trust assets to different beneficiaries
3. Schedule C - Reserved Powers: Detailed list of powers reserved by the settlor
4. Schedule D - Investment Guidelines: Specific investment parameters and restrictions
5. Appendix 1 - Trustee Compensation: Details of trustee fees and payment schedule
6. Appendix 2 - Administrative Procedures: Detailed procedures for trust administration and reporting
7. Appendix 3 - Forms: Standard forms for trust administration, including distribution requests and accountings
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Wealth Management
Real Estate
Legal Services
Family Office Services
Investment Management
Estate Planning
Private Banking
Trust Services
Property Management
Relevant Teams
Legal
Wealth Management
Trust Administration
Estate Planning
Compliance
Risk Management
Investment Management
Private Banking
Tax Advisory
Fiduciary Services
Relevant Roles
Trust Officer
Estate Planning Attorney
Wealth Manager
Financial Advisor
Private Banker
Trust Administrator
Legal Counsel
Property Manager
Investment Manager
Compliance Officer
Tax Advisor
Risk Management Officer
Family Office Manager
Succession Planning Specialist
Fiduciary Services Manager
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