Trust Agreements

Set up a living trust to avoid probate, hold property, reduce taxes or manage your assets with these easy-to-use Trust Agreements and related forms.


Q. What is a living trust?

A. A living trust is one that is formed while you're alive (unlike a testamentary trust, which is created by your Will and does not exist until after your death). There are many different kinds of living trusts, and each has a specific purpose. Some are revocable (meaning they can be revoked after coming into effect) and some are irrevocable, meaning the terms of the trust cannot be changed once it becomes effective.

Q. Should I make my trust a revocable trust or an irrevocable trust?

A. That depends on what the underlying purpose of the trust is to be. Any property you place in a revocable trust can be transferred out of the trust whenever you want, but property placed in an irrevocable trust cannot. That property now belongs to the beneficiaries of the trust. This is the most effective means of earmarking assets for the benefit of minor children. Once they're part of the trust estate, they cannot be used in any manner or for any purpose except those stated in the Trust Declaration. It's also a widely used method of avoiding US federal estate taxes and protecting assets from attachment by creditors.

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Alberta Trust and Indemnification Agreement for Land

Draw up a Trust Agreement for land in Alberta with this downloadable template.

  • The Agreement is made in respect of land which will be registered in the name of the trustee as bare trustee, to be held in trust on behalf of another party who is the beneficial owner.
  • The parties will each pay their separate debts, except for expenses already incurred, which will be paid by the owner.
  • The parties will keep each other indemnified against claims arising with respect to the land.
  • The trustee has the power to lease or mortgage the land, with the consent of the owner.

The Alberta Trust and Indemnification Agreement for Land template is available as a fully editable Microsoft Word document.


California Revocable Living Trust Agreement

Protect your assets and avoid probate proceedings by placing your estate property into trust with this Revocable Living Trust Agreement for California residents.

  • The trustee will pay the trust income to the settlor (maker of the trust), and such portion of the principal of the trust as the trustee sees fit for the medical care, maintenance and welfare of the settlor.
  • If the settlor becomes unable to manage his/her affairs, the trustee may pay the trust income and principal to the settlor's spouse and/or children.
  • The settlor may make changes to or revoke the Trust Agreement by written notice to the trustee.
  • Upon the settlor's death, the remaining trust property is to be distributed to the beneficiaries in a manner set out in a schedule to the Agreement.
This California Revocable Living Trust Agreement is in MS Word format, and is fully editable to fit your circumstances.

Canada Alter Ego Trust Deed

Prepare an Alter Ego Trust Deed with this easy-to-use template, pursuant to the provisions of the Income Tax Act (Canada).

  • An alter ego trust can only be set up for an individual aged 65 or older.
  • The individual has the exclusive right to receive all income from the trust.
  • No other person, prior to the individual's death, may receive or otherwise obtain the use of any part of the trust's income or capital.
  • Upon the death of the individual, the trust will hold any remaining assets for the benefit of other beneficiaries named in the Trust Deed. The trust will be able to distribute those assets to the other beneficiaries without the assets having to go through the probate process.
This Canada Alter Ego Trust Deed is available in MS Word format, and is fully editable to fit your specific circumstances.

Canada Bills of Sale for Spousal Trust Asset Transfer

Prepare four Bills of Sale for an asset transfer into a spousal trust, for use only in Canada.

This package contains bill of sale templates for the following:
  1. a transfer of assets from the spousal trust to an individual,
  2. a transfer of assets from the individual to a holding company,
  3. a transfer of assets from the holding company to an international investment corporation,
  4. a transfer of assets from the investment corporation to the trust.
This package of Canada Bills of Sale for Asset Transfer into Spousal Trust is a downloadable MS Word template.

Canada Family Trust Annual Resolutions

Prepare annual resolutions for a family trust in Canada with this easy-to-use forms package which contains:

  • Trustee resolutions naming the records office, appointing the accountants, and confirming the acts of the trustees.
  • Trustee resolutions resolving that all income allocations and expense payments required to be made have been or will be made for the year, and that the trust will not be liable for income tax under Part 1 of the Income Tax Act.
The Canada Family Trust Annual Resolutions package is a downloadable MS Word file containing all of the resolutions. Fully editable and easy to use.

Canada Family Trust Forms Package to Establish the Trust

Establish a trust fund and appoint trustees for a family trust with this package of forms for Canada.

The package contains the following documents:
  • Resolutions of the original trustee accepting the trust, acknowledging the settlement and providing for execution of documents and banking authority.
  • Receipt for the settlement from the settlor.
  • Consent to Act as Trustee form.
  • Appointment of additional trustees.
  • Trustee resolutions to be signed by the additional trustees.
This Canada Family Trust Forms Package to Establish the Trust is available as a MS Word downloadable file which contains all the forms.