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Irrevocable Trust Agreement Template for England and Wales

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Key Requirements PROMPT example:

Irrevocable Trust Agreement

"I need an Irrevocable Trust Agreement to establish a family trust for my three children, with specific provisions for education expenses and property management, and I want to include a trust protector role for additional oversight."

Document background
The Irrevocable Trust Agreement is a sophisticated legal instrument used when permanent asset transfer and protection are required. This document is particularly relevant in England and Wales, where trust law has evolved over centuries to provide robust protection for beneficiaries and clear guidance for trustees. The agreement is commonly used for estate planning, tax efficiency, asset protection, and charitable giving. It sets out detailed provisions for trust administration, including trustee powers and duties, beneficiary rights, investment guidelines, and distribution mechanisms. Once executed, the irrevocable nature ensures long-term certainty and security for all parties involved.
Suggested Sections

1. Parties: Identifies settlor, trustees, and beneficiaries

2. Background: States intention to create trust and context

3. Definitions: Defines key terms used throughout agreement

4. Trust Property: Describes assets being placed in trust

5. Trust Terms: Core terms of the trust including distribution provisions

6. Trustee Powers: Lists specific powers granted to trustees

7. Trustee Duties: Outlines obligations and responsibilities of trustees

Optional Sections

1. Successor Trustees: Procedure for appointing replacement trustees when specific succession arrangements are desired

2. Trust Protector: Appointment and powers of trust protector when additional oversight is desired

3. Spendthrift Provisions: Protections against creditors when asset protection is a priority

Suggested Schedules

1. Schedule of Initial Trust Property: Detailed list of assets initially settled in trust

2. Schedule of Beneficiaries: Detailed information about beneficiaries and their entitlements

3. Investment Policy Statement: Guidelines for investment of trust assets

4. Trustee Remuneration Schedule: Details of any trustee compensation arrangements

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

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Relevant Industries
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Industries

Trustee Act 2000: Primary legislation governing trustees' general powers and duties, investment powers, and establishing the statutory duty of care for trustees in England and Wales

Trustee Act 1925: Foundational legislation covering trustee appointment and retirement, administrative powers, and delegation of trustees' powers

Trust of Land and Appointment of Trustees Act 1996: Legislation specifically governing trusts involving real property and trustees' powers regarding land (TOLATA)

Perpetuities and Accumulations Act 2009: Legislation governing rules against perpetuities, accumulation periods, and validity periods for trusts

Pensions Act 1995 and 2004: Legislation relevant when trust involves pension assets or pension arrangements

Inheritance Tax Act 1984: Legislation covering tax implications of trust creation and the relevant property regime for trust taxation

Income Tax Act 2007: Legislation governing the tax treatment of trust income and how trust income is assessed for tax purposes

Taxation of Chargeable Gains Act 1992: Legislation governing the taxation of capital gains within trusts

Three Certainties Doctrine: Common law principle requiring certainty of intention, subject matter, and objects for valid trust creation

Fiduciary Duties: Common law principles establishing trustees' fundamental obligations including loyalty, good faith, and acting in beneficiaries' best interests

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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