A Trust Revocation Declaration is essential when a settlor wishes to terminate an existing trust arrangement in England and Wales. This document is typically used when circumstances have changed significantly since the trust's creation, or when the trust's objectives have been fulfilled. The declaration must clearly establish the authority to revoke, identify all relevant parties, and provide comprehensive instructions for the distribution of trust assets. It's crucial to ensure compliance with trust law principles and consider potential tax implications before execution.
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1. Declaration Header: Date, parties' details, and trust identification
2. Original Trust Details: Reference to original trust deed, date created, and key terms
3. Authority to Revoke: Statement confirming power to revoke under original trust
4. Revocation Declaration: Clear statement of intention to revoke the trust
5. Asset Distribution Instructions: Directions for distribution of trust assets
1. Tax Considerations: Statement regarding tax implications (when significant tax consequences exist)
2. Capacity Statement: Declaration of mental capacity (when settlor's capacity might be questioned)
3. Indemnification: Trustee protection provisions (when requested by trustees)
1. Schedule of Assets: Detailed list of trust assets to be distributed
2. Original Trust Deed: Copy of the original trust document being revoked
3. Professional Opinions: Tax or legal opinions (if obtained)
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