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Deed Of Bare Trust

Deed Of Bare Trust Template for South Africa

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Key Requirements PROMPT example:

Deed Of Bare Trust

"I need a Deed of Bare Trust to hold my investment property in Cape Town, with my daughter as the beneficiary and ABC Trust Services as the trustee, ensuring she has full beneficial ownership while I maintain control of the property management until March 2025."

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Document background
The Deed of Bare Trust is a specialized legal instrument used in South African trust law when parties wish to create a simple trust structure with minimal trustee obligations. This document is particularly relevant when beneficial owners want to maintain full control over assets while legal title is held by trustees for administrative or strategic purposes. The deed must comply with the Trust Property Control Act 57 of 1988 and should be registered with the Master of the High Court. It's commonly used in property transactions, family arrangements, and business structuring where separation of legal and beneficial ownership is desired without complex trust administration. The Deed of Bare Trust typically includes detailed identification of parties, clear description of trust property, explicit statement of the bare trust nature, and confirmation of beneficiary rights to demand transfer of assets at any time.
Suggested Sections

1. Parties: Identification of the Settlor, Trustee(s), and Beneficiary/Beneficiaries with their full legal details

2. Background: Context of the trust creation and intention to create a bare trust arrangement

3. Definitions: Key terms used throughout the deed including 'Trust Property', 'Bare Trust', 'Vesting Date', etc.

4. Declaration of Trust: Formal declaration establishing the bare trust and confirming the trust property

5. Trust Property: Detailed description of the assets being placed in trust

6. Nature of Trust: Explicit statement that this is a bare trust and explanation of its characteristics

7. Trustee Powers and Duties: Limited powers of trustees specific to bare trust arrangements

8. Beneficiary Rights: Clear statement of beneficiary's absolute right to trust property and power to demand transfer

9. Trust Duration: Period of the trust and circumstances of termination

10. Governing Law: Confirmation of South African law as governing law and relevant jurisdiction

Optional Sections

1. Trustee Replacement: Mechanism for appointing new trustees - include if multiple trustees or likely future changes

2. Administrative Provisions: Include if specific administrative arrangements are needed beyond basic bare trust requirements

3. Trust Expenses: Include if there are specific arrangements for handling trust expenses

4. Tax Provisions: Include if specific tax arrangements or acknowledgments are required

5. Multiple Beneficiaries: Include if there is more than one beneficiary to specify their respective interests

6. Severability: Include to ensure partial invalidity doesn't affect entire deed

Suggested Schedules

1. Schedule 1 - Trust Property: Detailed inventory and description of all trust property

2. Schedule 2 - Trustee Details: Full details of trustees including contact information and acceptance of role

3. Schedule 3 - Beneficiary Details: Full details of beneficiaries and their respective interests if multiple beneficiaries

4. Appendix A - Consent Forms: Signed consent forms from trustees accepting their appointment

5. Appendix B - Property Documentation: Copies of relevant property titles or asset documentation

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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Relevant Industries

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Real Estate

Financial Services

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Risk Management

Corporate Services

Financial Advisory

Asset Administration

Relevant Roles

Trust Administrator

Legal Counsel

Property Manager

Estate Planner

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Trust Officer

Compliance Officer

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Property Lawyer

Tax Consultant

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Asset Manager

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Industries






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