Revocable Trust Deed | Canada

Keep your estate assets out of probate by setting up a living trust under this Revocable Trust Deed form for Canadian residents.

• The trust can be used to hold many kinds of assets including cash, real property, personal property, stocks and bonds.
• The trustees can use cash held in the trust fund to pay taxes, mortgage payments, maintenance and other costs associated with any real estate properties that form part of the trust assets.
• The beneficiaries can use and enjoy any real property held in trust until the division date (i.e. the date on which the trust assets are distributed and the trust is wound up).
• The trustees are authorized to divide and distribute any share of the trust in order to ensure that taxable capital gains required to be paid by the trust are kept to a minimum.
• The trustees are given specific instructions for handling payments to be made to minor beneficiaries or beneficiaries who are incapacitated.
• Trustees must disclose any potential conflict of interest and refrain from voting on any decisions which may put them in a position of conflict.
• The trustees are indemnified and held harmless against claims and losses arising from their acting in good faith as a trustee.
• This is a revocable trust which can be revoked by the trustees in their discretion.
• The package includes:
  • a Consent of Trustee form which should be signed by each trustee and successor trustee at the time they accept the appointment,
  • a Resolution of the Trustees to establish the trust,
  • a Trustees Register.
• Available in MS Word format.
• The Trust Deed template can be used in most provinces and territories of Canada. Some jurisdictions, such as Quebec, may require a French translation.