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Living Trust Deed

Living Trust Deed Template for New Zealand

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Key Requirements PROMPT example:

Living Trust Deed

"I need a Living Trust Deed for my family property portfolio in Auckland, with three adult children as beneficiaries and my spouse and I as co-trustees, including specific provisions for business asset management and overseas investments."

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Document background
A Living Trust Deed is essential for individuals and families seeking to establish a trust structure for asset protection and management in New Zealand. This document is particularly relevant when there's a desire to maintain control over assets during one's lifetime while ensuring their efficient distribution and management. The deed must comply with the New Zealand Trusts Act 2019 and related legislation, making it suitable for various purposes including estate planning, asset protection, and tax efficiency. It includes detailed provisions for trust administration, trustee powers, beneficiary rights, and distribution mechanisms, while offering flexibility to accommodate changing circumstances. The Living Trust Deed is commonly used in conjunction with estate planning and can be especially valuable for managing family wealth, protecting assets, and ensuring smooth intergenerational transfer of assets.
Suggested Sections

1. Parties: Identifies the Settlor(s), Trustee(s), and named Beneficiaries

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

3. Definitions: Defines key terms used throughout the deed

4. Declaration of Trust: Formal establishment of the trust and transfer of initial assets

5. Trust Purpose: States the primary purposes and objectives of the trust

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

7. Trustee Duties and Responsibilities: Outlines mandatory and default duties under the Trusts Act 2019

8. Appointment and Removal of Trustees: Process for changing trustees

9. Trust Administration: Day-to-day management procedures and decision-making processes

10. Income and Capital Distribution: Rules for distributing trust income and capital

11. Trust Duration and Vesting: Specifies trust period and final distribution requirements

12. Variation of Trust: Procedures for amending trust terms

13. Governing Law: Confirms New Zealand law governs the trust

14. Execution: Formal signing requirements and attestation

Optional Sections

1. Power of Appointment: Additional section when settlor wants to retain power to add or remove beneficiaries

2. Family Home Provisions: Specific section when primary trust asset is a family home

3. Business Assets Provisions: Required when trust holds business assets or investments

4. Relationship Property Provisions: Additional protections regarding relationship property claims

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

6. Overseas Assets: Additional provisions for trusts holding assets in other jurisdictions

7. Memorandum of Wishes: Non-binding guidance from settlor to trustees about trust administration

Suggested Schedules

1. Schedule 1 - Initial Trust Assets: Details of assets initially settled on the trust

2. Schedule 2 - Named Beneficiaries: List of specifically named beneficiaries and their details

3. Schedule 3 - Trustee Remuneration: Details of any agreed trustee fees or compensation

4. Schedule 4 - Administrative Powers: Detailed list of specific administrative powers granted to trustees

5. Appendix A - Memorandum of Wishes: Separate document containing settlor's non-binding wishes

6. Appendix B - Conflict Resolution Procedures: Detailed procedures for resolving disputes between trustees or beneficiaries

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
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