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Family Trust Deed

Family Trust Deed Template for Hong Kong

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Key Requirements PROMPT example:

Family Trust Deed

"I need a Family Trust Deed under Hong Kong law to establish a trust for my family business holdings and investment portfolio, with my three adult children as beneficiaries and specific provisions for business succession planning, to be effective from March 2025."

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Document background
The Family Trust Deed is a crucial legal instrument used in Hong Kong for establishing private family trust arrangements. It is particularly relevant when individuals or families seek to implement structured succession planning, asset protection, or tax-efficient wealth transfer solutions. The document comprehensively details the trust structure, including the initial settlement of assets, beneficiary rights, trustee powers, and administrative provisions. Under Hong Kong law, which follows common law principles, the Family Trust Deed must comply with the Trustee Ordinance (Cap. 29) and related legislation, making it essential to incorporate specific local legal requirements while maintaining flexibility for international assets and beneficiaries. This document type is commonly used by high-net-worth individuals and families seeking to preserve wealth across generations while maintaining confidentiality and tax efficiency.
Suggested Sections

1. Parties: Identifies the Settlor, Initial Trustee(s), and any Protector or Appointor

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

3. Definitions and Interpretation: Defines key terms used throughout the deed and interpretation rules

4. Declaration of Trust: Formal declaration creating the trust and transferring initial assets

5. Trust Period: Defines the duration of the trust and perpetuity period

6. Beneficiaries: Identifies the class of beneficiaries and their respective interests

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

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

9. Trustee Powers: Comprehensive list of investment and management powers of trustees

10. Administrative Provisions: Procedures for trust administration, record-keeping, and accounts

11. Appointment and Removal of Trustees: Process for changing trustees and related provisions

12. Trustee Remuneration and Expenses: Provisions for trustee compensation and reimbursement

13. Variation of Trust: Powers and procedures for amending trust terms

14. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction

Optional Sections

1. Protector Provisions: Required when the trust includes a protector role, defining their powers and duties

2. Letter of Wishes: Optional non-binding guidance from settlor to trustees about trust administration

3. Special Powers: Additional powers for specific situations like business ownership or foreign assets

4. Minor Beneficiaries: Special provisions for managing benefits for underage beneficiaries

5. Charitable Provisions: Required when the trust includes charitable purposes or beneficiaries

6. Investment Committee: Required when establishing a committee to guide investment decisions

7. Family Council: Provisions for establishing a family governance structure

8. Conflict Resolution: Specific procedures for resolving disputes between beneficiaries or trustees

Suggested Schedules

1. Schedule 1 - Initial Trust Fund: Details of assets initially settled into the trust

2. Schedule 2 - Beneficiaries: Full details of initial beneficiaries and their respective interests

3. Schedule 3 - Trustee Powers: Detailed list of specific investment and management powers

4. Schedule 4 - Administrative Provisions: Detailed administrative procedures and requirements

5. Schedule 5 - Remuneration Schedule: Details of trustee remuneration calculations and terms

6. Appendix A - Letter of Wishes: Non-binding memorandum from settlor providing guidance to trustees

7. Appendix B - Family Constitution: Optional document setting out family governance principles

8. Appendix C - Investment Policy Statement: Guidelines for trust investment strategy and objectives

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions














































Clauses






























Relevant Industries

Private Wealth Management

Legal Services

Financial Services

Family Office Services

Trust Services

Estate Planning

Private Banking

Asset Management

Relevant Teams

Legal

Wealth Management

Private Banking

Trust Administration

Compliance

Tax Advisory

Estate Planning

Client Relations

Risk Management

Document Management

Relevant Roles

Trust Lawyer

Private Wealth Manager

Estate Planning Attorney

Trust Administrator

Family Office Manager

Private Client Advisor

Tax Consultant

Wealth Planning Manager

Trust Officer

Compliance Officer

Legal Counsel

Relationship Manager

Financial Advisor

Corporate Trustee

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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