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Family Trust Deed Template for Canada

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Key Requirements PROMPT example:

Family Trust Deed

"I need a Family Trust Deed to establish a trust for my technology business succession planning, with three adult children as beneficiaries and specific provisions for professional trustee appointment, targeting implementation by March 2025."

Document background
The Family Trust Deed is a foundational document used in Canadian estate and tax planning to create a legal arrangement where assets are held and managed by trustees for the benefit of family members. This document becomes essential when individuals wish to establish structured asset protection, facilitate tax-efficient wealth transfer, or manage family wealth across generations. The deed must comply with both federal tax legislation and provincial trust laws, varying slightly depending on the specific province of jurisdiction. It typically includes detailed provisions for trust administration, distribution policies, trustee powers, and beneficiary rights, while also addressing tax implications under the Canadian Income Tax Act. A properly structured Family Trust Deed provides flexibility for future changes while maintaining legal certainty and protection for all parties involved.
Suggested Sections

1. Parties: Identifies the Settlor(s), initial Trustee(s), and any Appointor/Principal

2. Background: Sets out the context and intention to create the trust

3. Definitions: Defines key terms used throughout the deed

4. Declaration of Trust: Formal establishment of the trust and confirmation of initial settlement

5. Trust Name and Period: Specifies the name of the trust and its duration/vesting date

6. Beneficiaries: Defines primary, general, and default beneficiaries and their classes

7. Distribution of Income: Rules and procedures for income distribution among beneficiaries

8. Distribution of Capital: Rules and procedures for capital distribution among beneficiaries

9. Trustee Powers: Comprehensive list of powers granted to trustees

10. Trustee Duties and Responsibilities: Obligations and responsibilities of trustees

11. Trustee Indemnity: Protection and indemnification of trustees

12. Appointment and Removal of Trustees: Process for changing trustees

13. Trust Property: Provisions regarding trust assets and their management

14. Amendment Provisions: Powers and procedures for amending the trust deed

15. Governing Law: Specifies the applicable law and jurisdiction

Optional Sections

1. Appointor Provisions: Include when there is a designated appointor with power to remove/appoint trustees

2. Family Business Provisions: Include when the trust will hold family business interests

3. Foreign Income Provisions: Include when the trust may receive foreign-sourced income

4. Minor Beneficiary Provisions: Include when there are beneficiaries under legal age

5. Disability Provisions: Include when providing for beneficiaries with disabilities

6. Investment Strategy: Include when specific investment guidelines are required

7. Conflict Resolution: Include when specific dispute resolution procedures are desired

8. Professional Practice Provisions: Include when the trust involves professional practice income

9. Relationship Breakdown Provisions: Include when protecting assets in case of beneficiary divorce/separation

Suggested Schedules

1. Schedule A - Initial Trust Property: Details of the initial settlement sum and any other initial trust assets

2. Schedule B - Beneficiary Details: Full names and details of all initial nominated beneficiaries

3. Schedule C - Trustee Details: Full names, addresses and other details of initial trustees

4. Schedule D - Trust Investment Strategy: Investment guidelines and policies for trust assets

5. Schedule E - Trustee Remuneration: Details of any agreed trustee compensation arrangement

6. Appendix 1 - Trustee Powers: Detailed list of specific powers granted to trustees

7. Appendix 2 - Meeting Procedures: Procedures for trustee meetings and decision-making

8. Appendix 3 - Variation Powers: Specific powers and limitations regarding trust deed amendments

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















































Clauses






























Relevant Industries

Legal Services

Financial Services

Wealth Management

Estate Planning

Tax Advisory

Family Business

Private Banking

Professional Services

Real Estate

Investment Management

Relevant Teams

Legal

Wealth Management

Trust Administration

Estate Planning

Tax Advisory

Private Client Services

Family Office

Corporate Services

Financial Planning

Risk Management

Relevant Roles

Estate Planning Lawyer

Trust Officer

Private Wealth Manager

Tax Advisor

Family Office Manager

Trust Administrator

Legal Counsel

Financial Planner

Family Business Advisor

Corporate Trustee

Private Client Lawyer

Succession Planning Specialist

Trust Account Manager

Estate Administrator

Wealth Strategist

Industries








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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