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Joint Tenancy Trust Agreement
"I need a Joint Tenancy Trust Agreement for a family vacation property in British Columbia, shared between three siblings as joint tenants, with provisions for property management and automatic succession to surviving siblings, to be effective from March 1, 2025."
1. Parties: Identifies all parties to the agreement including trustees, settlor(s), and beneficiaries
2. Background: Sets out the context and purpose of creating the joint tenancy trust
3. Definitions: Defines key terms used throughout the agreement
4. Declaration of Trust: Formal establishment of the trust and specification of the joint tenancy arrangement
5. Trust Property: Detailed description of the property held in trust and the nature of the joint tenancy
6. Rights and Obligations of Joint Tenants: Specifies the rights, responsibilities, and limitations of the joint tenants
7. Powers and Duties of Trustees: Comprehensive outline of trustee powers and responsibilities
8. Trust Administration: Rules and procedures for managing the trust
9. Distribution of Income and Capital: Terms governing how trust income and capital are to be distributed
10. Right of Survivorship: Provisions dealing with the automatic transfer of interest upon death of a joint tenant
11. Term and Termination: Duration of the trust and circumstances for termination
12. Governing Law and Jurisdiction: Specifies applicable law and courts having jurisdiction
13. Execution: Signature blocks and execution requirements
1. Tax Provisions: Specific tax planning provisions when the trust has particular tax objectives
2. Dispute Resolution: Alternative dispute resolution procedures when parties want to avoid court proceedings
3. Insurance Requirements: Insurance obligations when trust property requires specific insurance coverage
4. Property Management: Detailed property management provisions when trust holds significant real estate
5. Accounting and Reporting: Enhanced reporting requirements when beneficiaries require detailed financial updates
6. Successor Trustees: Provisions for appointment of successor trustees when continuity planning is important
7. Amendment Procedures: Procedures for modifying the trust when flexibility is needed
8. Environmental Matters: Environmental obligations when trust property includes land with environmental concerns
1. Schedule A - Property Description: Detailed legal description of trust property and joint tenancy interests
2. Schedule B - Initial Contributions: List of all initial contributions to the trust by settlor(s)
3. Schedule C - Beneficiary Details: Complete information about beneficiaries and their respective interests
4. Schedule D - Distribution Schedule: Specific schedule of planned distributions if applicable
5. Schedule E - Investment Guidelines: Investment policies and guidelines for trust assets
6. Appendix 1 - Property Valuation: Independent valuation of trust property at time of trust creation
7. Appendix 2 - Tax Elections: Copies of any tax elections made in relation to the trust
8. Appendix 3 - Property Management Rules: Detailed rules for management of trust property
Authors
Real Estate
Banking & Financial Services
Wealth Management
Family Office
Property Management
Legal Services
Tax Advisory
Estate Planning
Investment Management
Agricultural (for farmland trusts)
Legal
Wealth Management
Real Estate
Trust Administration
Tax Advisory
Compliance
Risk Management
Property Administration
Estate Planning
Financial Planning
Trust Officer
Estate Planning Lawyer
Property Manager
Wealth Manager
Tax Advisor
Real Estate Lawyer
Financial Planner
Trust Administrator
Legal Counsel
Property Administrator
Risk Manager
Compliance Officer
Family Office Manager
Estate Administrator
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