A Trust On Death Deed is commonly used in England and Wales as part of estate planning to provide for the smooth transfer of assets upon death while potentially reducing inheritance tax liability. This document is particularly useful when individuals wish to maintain control of their assets during their lifetime while ensuring specific beneficiaries receive designated assets upon their death. The deed must comply with strict legal requirements under English trust law and should be carefully drafted to ensure it achieves its intended purpose while remaining legally valid and enforceable.
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1. Parties: Details of settlor, trustees, and beneficiaries
2. Background: Context and purpose of the trust deed
3. Definitions: Key terms used throughout the deed
4. Declaration of Trust: Formal creation of the trust and its terms
5. Trust Property: Description of assets being placed in trust
6. Trustee Powers: Powers granted to trustees to manage the trust
7. Distribution Provisions: How and when assets are to be distributed
8. Execution: Signature blocks and attestation
1. Replacement of Trustees: Process for appointing new trustees - include if multiple trustees
2. Investment Powers: Specific investment authorities - include if trust includes investment assets
3. Administrative Provisions: Detailed management procedures - include for complex trusts
4. Tax Provisions: Specific tax planning clauses - include if tax planning is a key objective
1. Schedule 1: Trust Property: Detailed description of assets placed in trust
2. Schedule 2: Beneficiaries: Full details of beneficiaries and their entitlements
3. Schedule 3: Trustee Powers: Comprehensive list of trustee powers (if extensive)
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