The Affidavit of Successor Trustee is a crucial document in Dutch trust administration that becomes necessary when a change in trusteeship occurs due to death, incapacity, resignation, or removal of the original trustee. This sworn statement, executed before a notary, provides formal documentation of the succession and helps ensure a smooth transition of trust administration. The document is particularly important in the Netherlands, where trust law is primarily governed by the implementation of the Hague Trust Convention and the Dutch Civil Code. It serves multiple purposes: establishing the successor trustee's authority, confirming their acceptance of fiduciary duties, and providing third parties (such as banks and other institutions) with evidence of the trustee's authority to act on behalf of the trust. The affidavit must comply with Dutch notarial law and include specific declarations regarding the trustee's qualifications and understanding of their responsibilities.
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1. Declaration Header: Formal opening stating this is an affidavit, including date and location of execution
2. Declarant Information: Full legal name, address, and capacity of the person making the affidavit
3. Trust Identification: Full name of the trust, date of creation, and original trustee information
4. Basis for Succession: Description of the circumstances leading to succession (death, incapacity, resignation of previous trustee)
5. Authority for Succession: Reference to trust document provisions or other legal basis authorizing the succession
6. Qualification Statement: Declaration of eligibility and qualifications to serve as successor trustee
7. Acceptance of Appointment: Formal acceptance of the role and its responsibilities
8. Oath and Affirmation: Sworn statement affirming the truth of all declarations
9. Execution: Signature block, notary acknowledgment, and attestation
1. Co-Trustee Provisions: Required when multiple successor trustees are being appointed
2. Special Powers: Include when the trust grants specific or unusual powers to the successor trustee
3. Predecessor Trustee Release: Include when the previous trustee is living and formally releasing duties
4. Asset Schedule Reference: Required when immediate control of specific assets needs to be established
5. Beneficiary Acknowledgment: Include when beneficiaries have rights to approve or be notified of successor appointment
1. Schedule A - Trust Document: Copy or extract of the original trust document showing succession provisions
2. Schedule B - Proof of Predecessor Trustee's Death/Incapacity: Death certificate or medical declaration if succession is due to death or incapacity
3. Schedule C - Asset Inventory: Current listing of trust assets being transferred to successor trustee's control
4. Schedule D - Resignation Letter: If succession is due to resignation, copy of former trustee's resignation
5. Appendix 1 - Identification Documents: Copies of declarant's identification documents
6. Appendix 2 - Qualifications Evidence: Documentation of any required qualifications or certifications
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