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Deed Of Bare Trust
"I need a Deed of Bare Trust for holding my Auckland investment property, with my sister as trustee and myself as beneficiary, to be executed by March 2025; the deed should include specific provisions for potential future property acquisitions."
1. Parties: Identifies the Settlor, Trustee(s), and Beneficiary(ies) with their full legal names and addresses
2. Background: Sets out the context of the trust creation, intention to create a bare trust, and basic purpose
3. Definitions: Defines key terms used throughout the deed including 'Trust Property', 'Trust', 'Trustee', 'Beneficiary'
4. Declaration of Trust: Formal declaration establishing the trust and confirming its bare trust nature
5. Trust Property: Identifies and describes the property being held in trust
6. Trustee Powers and Duties: Specifies the limited powers and duties of the trustee in a bare trust context
7. Rights of Beneficiary: Details the beneficiary's absolute right to direct the trustee regarding the trust property
8. Duration of Trust: Specifies the term of the trust and conditions for its termination
9. Execution: Formal execution clause and signing requirements
1. Multiple Trustees Provisions: Include when there are multiple trustees to govern their relationship and decision-making
2. Trustee Remuneration: Include if trustees are to receive any form of payment or compensation
3. Trustee Retirement and Replacement: Include if specific provisions for trustee succession are required
4. Foreign Property Provisions: Include if trust property includes assets located outside New Zealand
5. Tax Provisions: Include specific tax-related clauses if needed for particular tax arrangements
6. Dispute Resolution: Include if specific dispute resolution procedures are desired
1. Schedule 1 - Trust Property: Detailed description and/or inventory of all property held in trust
2. Schedule 2 - Party Details: Full legal names, addresses, and contact details of all parties
3. Schedule 3 - Execution Requirements: Specific requirements for valid execution including witness details
4. Appendix A - Relevant Certificates: Copies of any relevant property titles, share certificates, or other documentary evidence of trust property
5. Appendix B - Powers of Attorney: If applicable, any associated powers of attorney relevant to the trust arrangement
Authors
Legal Services
Real Estate
Financial Services
Investment Management
Property Development
Wealth Management
Banking
Trust Services
Professional Services
Legal
Compliance
Property Management
Wealth Management
Trust Administration
Real Estate
Investment Management
Corporate Secretariat
Risk Management
Financial Advisory
Trust Lawyer
Property Lawyer
Legal Counsel
Trust Manager
Estate Planner
Wealth Manager
Property Manager
Investment Advisor
Compliance Officer
Trust Administrator
Real Estate Agent
Financial Advisor
Legal Director
Trust Officer
Company Secretary
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