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Trust On Death Deed for the United Kingdom

Trust On Death Deed Template for England and Wales

A Trust On Death Deed is a legal instrument under English and Welsh law that creates a trust which takes effect upon the death of the settlor. It allows for the transfer of property or assets to designated beneficiaries while maintaining the settlor's control during their lifetime. The document establishes the terms of the trust, identifies trustees and beneficiaries, and specifies how assets should be managed and distributed after the settlor's death, all while potentially offering inheritance tax advantages.

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Trust On Death Deed

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What is a Trust On Death Deed?

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.

What sections should be included in a Trust On Death Deed?

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

What sections are optional to include in a Trust On Death Deed?

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

What schedules should be included in a Trust On Death Deed?

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)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Trust Deed

Cost

Free to use
Relevant legal definitions



























Clauses

























Industries

Law of Property Act 1925: Primary legislation governing legal estates and interests in land, including requirements for creation of trusts of land

Trustee Act 2000: Defines trustee powers and duties, investment powers, and the standard of care required for trustees

Wills Act 1837: While not directly about trusts, provides relevant guidance on capacity and formalities that may be applicable

Trusts of Land and Appointment of Trustees Act 1996: Specifies powers and duties of trustees and rights of beneficiaries in relation to land trusts

Land Registration Act 2002: Sets out requirements for registration of interests in land and determines priority of interests

Inheritance Tax Act 1984: Covers tax implications of creating trusts and potentially exempt transfers

Capital Gains Tax Act 1992: Addresses tax implications of property transfers in trust arrangements

Mental Capacity Act 2005: Provides framework for assessing and ensuring the settlor has capacity to create the trust

Human Rights Act 1998: Ensures consideration of fundamental property rights in trust arrangements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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