Family Trust Annual Resolutions | Canada

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

• The Family Trust package contains the following documents:
  • Discretionary Trust Deed.
  • 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.
• Available in MS Word format.
• Governed by Canadian tax laws and intended to be used only in Canada.

Appoint a trustee for a family trust to replace one who is resigning with this package of forms for Canada, which includes:

1. Appointment and Replacement of Trustee form.
2. Consent to Act as Trustee.
3. Resignation of Departing Trustee.
4. Trustee Resolutions to be signed by the new trustee and the remaining trustees.

The Canada Family Trust Forms Package to Replace Trustee is a MS Word download. All forms are contained in one file.

Set up an Irrevocable Discretionary Trust with this template trust deed for Canada.

• A discretionary trust is also called a blind trust because the beneficiary has no information about the assets in the trust or how the trust is administered.
• The settlor (the person setting up the trust) is the sole beneficiary of the trust and cannot act as a trustee.
• The division date will occur either upon the death of the beneficiary or on the 21-year anniversary of the establishment of the trust, whichever is earlier.
• The settlor reserves no powers or rights, and shall receive no benefits, income or capital of the trust fund in his/her capacity as settlor.
• This trust cannot be revoked.
• During the lifetime of the settlor, no income or capital of the trust shall be distributed to the settlor's spouse or a minor child of the settlor unless the distribution does not result in attribution of income or gain to the settlor under the Income Tax Act (Canada).
• This Irrevocable Discretionary Trust Deed is a good strategy to use when it's important that the beneficiary not be aware of what assets are held in the trust so as to avoid any claims of conflict of interest.

Learn about the various trust structures available to Canadians, and their tax benefits to the individual or business.

• This guide contains information on:
  • family trusts (bearer, inter vivo or "living" trusts and testamentary),
  • real estate investment trusts (REITs),
  • royalty trusts,
  • income trusts.
• The guide contains information relevant to Canadian residents and is available in Adobe PDF format.

Set up a family trust as part of your tax planning strategy with this package of forms for Ontario.

• The package contains the following forms:
  • Irrevocable Trust Agreement,
  • Consent of Proposed Trustee, which must be signed by each of the designated trustees,
  • Resolutions of the Trustees establishing the trust,
  • Receipt for the initial trust property,
  • Promissory Note,
  • Register of Trustees.
• The trust will be an irrevocable discretionary trust.
• The division date will be the first to occur of (i) the date of the principal or (ii) the day before the 21st anniversary of the execution date of the trust agreement.
• The agreement provides for the incapacity of a trustee or a beneficiary.
• The settlor will derive no income or capital or other benefit from the trust.
• The settlor cannot act as a trustee.
• The settlor cannot revoke the trust.
• For the purposes of the Income Tax Act, the trust can only be resident in Canada.
• The trustees will be indemnified and held harmless against claims, losses and damages in connection with their acting as trustees. The indemnities and protections afforded to any trustee under the agreement will continue to run even if the trustee ceases to hold the position of trustee.
• No distributions of capital or income shall be made at any time that there are less than two trustees in office.
• Available in MS Word format, fully editable.
• Intended to be used only in the Province of Ontario, Canada.