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Simple Declaration Of Trust Template for Hong Kong

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Key Requirements PROMPT example:

Simple Declaration Of Trust

"I need a Simple Declaration of Trust to establish a family trust for my investment portfolio worth HKD 10 million, with my spouse and three children as beneficiaries, to be effective from March 1, 2025, with ABC Trust Company Limited as the trustee."

Document background
A Simple Declaration of Trust is a fundamental legal document used in Hong Kong to formally establish a trust arrangement. It is typically used when individuals or entities want to create a clear separation between legal and beneficial ownership of assets, whether for family succession planning, asset protection, or other legitimate purposes. The document must comply with Hong Kong's trust laws, particularly the Trustee Ordinance (Cap. 29) and related legislation. It contains essential information about the trust property, the parties involved, the terms of the trust, and the powers and duties of the trustees. This type of document is commonly used in private wealth management, real estate holdings, and family arrangements, providing a clear framework for the trust relationship while ensuring compliance with Hong Kong's legal requirements.
Suggested Sections

1. Parties: Identifies the Settlor(s) and Trustee(s) with their full names and addresses

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

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration creating the trust and transferring legal ownership to the trustees

5. Trust Property: Describes the assets being placed in trust

6. Beneficiaries: Identifies the beneficiaries and their respective interests in the trust

7. Powers of Trustees: Details the powers granted to trustees in managing the trust

8. Duties of Trustees: Outlines the responsibilities and obligations of the trustees

9. Trust Period: Specifies the duration of the trust

10. Governing Law: Confirms Hong Kong law as the governing law of the trust

11. Execution: Signature blocks for all parties

Optional Sections

1. Protector Provisions: Include when a protector is appointed to oversee certain aspects of the trust administration

2. Distribution Provisions: Include when specific rules for distribution of income or capital are required

3. Investment Powers: Include when specific investment guidelines or restrictions are needed

4. Remuneration of Trustees: Include when trustees are to be compensated for their services

5. Variation Powers: Include when specific powers to vary the trust terms are required

6. Appointment and Removal of Trustees: Include when specific procedures for changing trustees are needed

7. Letter of Wishes: Include when the settlor wishes to provide non-binding guidance to the trustees

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory and description of the initial trust assets

2. Schedule 2 - Beneficiaries: Full details of beneficiaries including names, addresses, and their respective interests

3. Schedule 3 - Investment Guidelines: Specific investment parameters and restrictions if applicable

4. Schedule 4 - Trustee Powers: Comprehensive list of specific powers granted to trustees

5. Appendix A - Letter of Wishes: Non-binding memorandum from settlor providing guidance on trust administration

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

Financial Services

Private Wealth Management

Real Estate

Family Office

Professional Services

Investment Management

Banking

Asset Management

Legal Services

Trust Services

Relevant Teams

Legal

Wealth Management

Trust Administration

Compliance

Private Banking

Asset Management

Corporate Services

Estate Planning

Risk Management

Client Relations

Relevant Roles

Trust Officer

Wealth Manager

Private Banker

Legal Counsel

Corporate Lawyer

Estate Planner

Trust Administrator

Compliance Officer

Financial Advisor

Asset Manager

Property Manager

Family Office Manager

Trust Manager

Relationship Manager

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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