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Deed Of Trust To Protect Money In Property
"I need a Deed of Trust to Protect Money in Property for my family's investment in a beach house in Auckland, with myself as settlor, my lawyer as independent trustee, and my three adult children as beneficiaries, ensuring the $1.2M investment is protected from future relationship property claims."
1. Parties: Identifies and defines the Settlor(s), Trustee(s), and Primary Beneficiaries
2. Background: Sets out the context and purpose of the trust, including the intention to protect money invested in property
3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation rules
4. Declaration of Trust: Formally establishes the trust and specifies the trust property
5. Trust Purpose: Clearly states the specific purpose of protecting money in property and any other permitted purposes
6. Powers of Trustees: Comprehensive list of trustees' powers in managing trust property and investments
7. Duties of Trustees: Specifies mandatory and default duties of trustees as per the Trusts Act 2019
8. Trust Administration: Details day-to-day management procedures and decision-making processes
9. Income and Capital: Rules for handling trust income and capital, including distribution provisions
10. Property Protection Mechanisms: Specific provisions for protecting money invested in property
11. Term of Trust: Specifies the duration of the trust and conditions for termination
12. Variation of Trust: Procedures for amending trust terms if necessary
13. Governing Law: Confirms New Zealand law governs the trust deed
1. Appointor Provisions: Required when there is an appointor who can change trustees or beneficiaries
2. Relationship Property Protection: Include when trust property may be affected by relationship property claims
3. Business Operation Provisions: Include if the trust may operate a business or hold business assets
4. Foreign Asset Provisions: Required if the trust may hold overseas property or investments
5. Conflict Resolution: Optional provisions for handling disputes between trustees or beneficiaries
6. Advisory Trustee Provisions: Include if advisory trustees are to be appointed
7. Custodian Trustee Provisions: Include if a custodian trustee structure is desired
8. Resettlement Powers: Include if there may be a need to resettle trust assets to a new trust
1. Schedule 1: Initial Trust Property: Details of property and money initially settled on the trust
2. Schedule 2: Trustees' Administrative Provisions: Detailed procedures for trustee meetings, decisions, and record-keeping
3. Schedule 3: Beneficiary Details: Full details of primary and discretionary beneficiaries
4. Schedule 4: Investment Guidelines: Specific guidelines for trust investments and property management
5. Appendix A: Trustee Remuneration: Details of any agreed trustee remuneration or expense reimbursement
6. Appendix B: Execution Requirements: Formal requirements for executing trust documents and contracts
Authors
Real Estate
Property Development
Property Investment
Financial Services
Wealth Management
Family Office Services
Legal Services
Trust Services
Banking
Investment Management
Legal
Property Management
Wealth Management
Trust Administration
Investment
Compliance
Risk Management
Finance
Real Estate
Advisory Services
Property Lawyer
Trust Manager
Property Investment Manager
Wealth Manager
Financial Advisor
Trust Administrator
Property Portfolio Manager
Estate Planning Attorney
Corporate Trustee
Real Estate Investment Manager
Family Office Manager
Legal Counsel
Compliance Officer
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