Trust Agreements

Establish an insurance trust to direct how and when your life insurance proceeds are distributed with this template Insurance Trust Deed for Alberta residents.

• The trust being formed under the indenture is an irrevocable trust.
• It is the intention of the settlor of the trust that the provisions of the trust indenture, and not the provisions of s. 34 or s. 35 of the Trustee Act (Alberta) govern the manner in which the trustee will administer and dispose of the trust property.
• The trustee may designate that income of the trust will include life insurance benefits, cash surrender value of life insurance policies, life insurance premium refunds, proceeds from life insurance policy loans, capital gains, any other receipts considered income under the Income Tax Act, but will exclude non-taxable dividends.
• The trustee has full discretion as to the division and distribution of the trust property.
• The trust property will not form part of the family property for purposes of the Matrimonial Property Act (Alberta).
• The settlor cannot be added as a beneficiary and cannot be appointed as a trustee.
• The settlor has no authority or power under the indenture and will not receive any benefits of any kind from the trust.
• The settlor cannot direct that any trust property be transferred to any person or persons.
• The settlor conveys the trust property to the trustee on the express understanding that ss. 75(2) and 107(4.1) of the Income Tax Act do not apply to the conveyance.
• No beneficiary who is a "designated person" under s. 74.5(5) of the Income Tax Act may receive or use income or capital of the trust while being a designated person.
• Available in MS Word format.
• Intended to be used only in the Province of Alberta, Canada.

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.
• Available in MS Word format.
• Intended for use only in the Province of Alberta, Canada.

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 created by an individual aged 65 or older.
• The individual has the exclusive right to receive all income from the trust.
• During the settlor's lifetime no person other than the settlor may receive or otherwise obtain the use of any part of the trust's income or capital.
• Upon the settlor's death, 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 Alter Ego Trust Deed template is governed by Canadian tax laws and is intended to be used only within Canada.

Amend your Revocable Living Trust to make a charitable gift with this downloadable template form for USA trusts.

• This Amendment lets you gift some of the trust property to a charity or non-profit organization.
• You can change the original Trust Agreement giving the trustee instructions to make the charitable gift.
• This template is only for trust agreements made in the United States.
• The form is provided in MS Word format and is easy to fill in and print.

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.

The forms are available in MS Word format and are fully editable. Governed by Canadian laws and intended to be used only in Canada.

Use this template Business Trust Declaration and Agreement to set up a U.S. business trust to protect your assets and reduce taxes.

• The trustees will hold all property, income and profit of the business in trust for the beneficial shareholders.
• The trustees are authorized to sign documents, hold title to property, buy and sell property, conduct business, commence or defend litigation, adopt and enforce bylaws and regulations, and carry out other actions in the name of the Trust.
• Shareholders are not liable, and every obligation entered into by the trustees must stipulate in writing that the shareholders are not liable for any debt or liability incurred in connection with such obligation.
• Trustees are only liable for their own actions, and not for the actions of the other trustees. No trustee shall be personally liable for any act or duty carried out on behalf of the Trust.
• Available in MS Word format.
• Intended to be used only within the United States.

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.

Prepare a charitable remainder trust with this downloadable template for Canadian residents.

• A charitable remainder trust allows the donor to retain a life interest in property transferred into the trust but makes an irrevocable gift of the residual interest to a registered charity. The charity then issues a donation receipt for the fair market value of the residual interest in the property at the time that the residual interest vests in the charity.
• The tax credit can be carried forward in whole or in part for up to five years.
• All capital gains are allocated to the capital beneficiary, i.e. the charity, which is tax-exempt.
• The net income of the trust is paid to the income beneficiary (the settlor and their spouse, and/or whoever else the settlor may designate in the trust).
• Trust expenses are paid from the trust income.
• This is an irrevocable trust.
• The template is available in MS Word format and is fully customizable.
• Governed by Canadian tax laws and intended to be used only in Canada.

Set up an IRS-approved charitable trust with this template Charitable Trust Deed for US residents.

• The trust will be administered by a corporate trustee and one or more individual trustees.
• The trust property and income are to be used only for the charitable purposes stated in the Trust Deed and not to benefit any person or company.
• The trustees must make distributions in such a manner as not to subject the trust to any tax, and shall not engage in any self dealing as described in Section 4941 of the Internal Revenue Code.
• The trustees shall not retain any excess business holdings as defined in Section 4943 of the Code and shall not make any investments as defined in Section 4944 of the Code.
• The trustees must not make any taxable expenditure which would subject the Trust or any corporate trustee to tax under Section 4945 of the Code.
• This template is provided in MS Word format and is easy to use.
• Governed by American tax laws and intended for use only in the United States.

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 (Canada).
• This forms package is a downloadable MS Word file containing all of the resolutions. Fully editable and easy to use.
• Intended to be used only in Canada.