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.

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.

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.

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.

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

• A land trust is a method of real estate ownership in which a trustee holds legal title to the real estate.
• The trust's beneficiaries have full power to dispose of the property and complete control over its management.
• The beneficiaries' rights and powers pass to their executors upon their death, and do not form part of their estate.
• The beneficiaries have the right to revoke, alter or amend the trust agreement on written notice to the trustee.
• The beneficiaries are responsible for filing tax reports and paying all real estate taxes and charges on the property.
• Intended for use only in the State of Illinois.

Protect assets and funds located in India by placing the assets into trust with this Private Trust Deed.

• Purpose of Trust. The Trust is established for the benefit of a named beneficiary as life interest, and a trustee is appointed to administer the Trust and distribute the Trust income and assets as set out in the Trust Deed.
• Taxes and Costs. Prior to distribution of the Trust Fund, the trustee will pay all costs and expenses, including any taxes or other charges payable.
• Trust Income. The net income from the trust fund will be used for the maintenance and residence of the beneficiary during his/her lifetime.
• Trustee's Powers. The trustee has the power to accept donations, make investments, set up and operate bank accounts, borrow and lend money, purchase and lease property, enter into partnerships, and otherwise deal with the income of the Trust.
• Delegation of Duties. The trustee may hire or appoint other persons to assist him in his responsibilities.
• Replacement Trustee. The trustee has the power to appoint a replacement trustee to take over his duties if he is no longer able to perform them.

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.

Prepare an Irrevocable Trust Declaration to set up trusts for the benefit of a grantor's adult children with this template form for the USA.

• In the event of a beneficiary's death, the assets will be distributed per stirpes, but if the deceased beneficiary has no children, the share is distributed to the other beneficiaries.
• The net income will be distributed at the end of each calendar quarter. The body of the trust will be paid to the beneficiaries when they reach a specified age.
• The grantor cannot borrow any part of the trust property or income without adequate security and interest.
• The property or income of the trust cannot be sold for less than adequate compensation.
• This form is available in MS Word format. It can be easily customized to fit your circumstances.
• Governed by U.S. laws and intended for use only within the United States.

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.

Prepare a Prepaid Funeral Deposit Agreement with this customizable template.

• The parties are (i) a provider of funeral services (such as a funeral home) and (ii) a financial institution which will act as trustee and will hold and administer deposits paid by customers of the funeral service provider who wish to pre-arrange and prepay for funeral services.
• The trustee will prepare monthly statements and provide records of all deposits received.
• The trustee has no fiduciary duty to customers of the funeral service provider.
• The trust funds may be assigned to a third party in the event of a sale or transfer of the business.
• The trustee is responsible for providing tax information as required.
• The trustee is indemnified by the funeral home.

Terminate a trust and discharge the trustee with this Receipt for Trust Assets and Discharge of Trustee form for the USA.

• The beneficiaries of the trust must sign the form.
• The receipt portion of the form states that all of the trust property has been distributed to the beneficiaries.
• The trustee is discharged from his/her duties as trustee following the distribution.
• The form is available in MS Word format.
• Intended to be used only for trusts established in the United States.

Protect your assets and avoid probate proceedings by placing your estate property into a family trust with this USA Revocable Living Trust Deed.

• This Trust Deed sets up a family trust from which the grantor's spouse and children will be paid distributions of income and principal after the grantor's death.
• During the grantor's lifetime, the trustee will pay the income and principal of the trust to the grantor as the grantor directs, or failing any instructions, as the trustee sees fit.
• The grantor will act as the original trustee of the Trust.
• If the grantor becomes unable to manage his/her affairs, the trustee may pay the trust income and principal to the grantor's spouse and/or children.
• On the grantor's death, his/her tangible personal property is to pass to his/her spouse, or if the spouse has predeceased, in equal shares per stirpes to the children.
• The trust estate is protected against claims, encumbrances, pledge or seizure as the result of any act of a beneficiary.
• On the death or incompetency of the grantor, the grantor's spouse or, alternatively, a majority of the grantor's children have the power to remove the trustee and appoint a successor.
• Available in MS Word format.
• Intended to be used only in the United States.

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.

Terminate a living trust with this free Revocation Form for US-based trusts.

• This revocation form can only be used to collapse a revocable trust. By its very nature, an irrevocable trust cannot be revoked.
• The grantor (the person who set up the trust) has the authority to wind up the living trust.
• The grantor gives directions to the trustee to return all remaining trust property to the grantor.
• The trustee's appointment as trustee is revoked once the trust property has been returned.
• Available in MS Word format.

Learn about the trust structure in Canada in this free expert guide.

The guide provides an overview of the structure of a trust, the advantages of a tax structure as a vehicle for income splitting and tax planning for residents of Canada, and the characteristics of specific types of discretionary trusts, such as:

• spousal (family) trusts;
• trusts for minor children;
• trusts for adult children;
• trusts for long-term maintenance of a handicapped child;
• spendthrift trusts.

The Trust Structure in Canada is information for Canadian residents and is copyright by the author.

Place intellectual property in trust under the terms of this Trade Secret Deposit and Protection Agreement under US laws.

• Parties. The Agreement is between the owner of the trade secrets and a trustee who will hold the trade secrets in trust.
• Purpose of Trust. The owner deposits certain confidential business documentation with the trustee in order to maintain the audit trail documenting the ownership and creation dates of the trade secrets.
• Ownership. The ownership of all materials deposited with the trustee remains with the owner.
• Confidentiality. The trustee will keep the information confidential and will not disclose any of such information to third parties.
• Liability of Trustee. The trustee will not be liable for any damages. The owner indemnifies the trustee against liability or costs associated with its good faith actions under the agreement.
• Legal Costs. If the trustee is called upon to take part in any legal proceedings, the owner will pay all costs incurred by the trustee, and pay the trustee a per diem or per hour rate.
• Governing Law. This legal document template is governed by the laws of the United States.
• How to Obtain the Form. You can download the MS Word form immediately following purchase. The template is reusable and can be modified to meet your unique business needs.

Prepare a Trust Agreement for Land with this downloadable template form.

• The agreement is between a trustee corporation and a party that wants to purchase the land.
• The trustee corporation agrees to hold the land as bare trustee on behalf of the purchaser, which will be the beneficial owner.
• This is a generic legal form which does not contain references to any specific statutes.
• The Trust Agreement for Land is fully customizable to meet your requirements.

Transfer ownership of shares to a trustee with this Trust Agreement for Shares.

• The trustee will hold the shares as a bare trustee on behalf of the beneficiaries of the trust.
• Aside from holding the shares in trust, the trustee has no other duties to perform.
• The trustee will not be paid any compensation for acting as trustee.
• This is a generic legal form which is not country specific.
• The Trust Agreement for Shares is a downloadable and fully editable template in MS Word format.

Prepare a Trust Declaration by a nominee trustee who is the registered owner of shares with this template form for Canadian corporations.

• The nominee trustee declares that the shares are held in trust for a beneficiary.
• The trustee will exercise the voting rights of the shares as the beneficiary directs.
• The trustee will deal with the shares as nominee only and in accordance with the beneficiary's instructions.
• Available in MS Word format and fully editable.
• Intended to be used only in Canada.

Make a Trust Declaration for a trustee who holds shares under a Trust Agreement with this easy-to-use template.

• The trustee declares that the shares registered in its name are being held in trust on behalf of another party, who is the beneficial owner of the shares.
• This form of declaration is commonly used when a parent holds shares in trust for a child, until the child reaches maturity.
• This is a generic legal form which can be used in many countries.
• Available in MS Word format.

Prepare a Trust Declaration for a trustee who holds voting shares with this easy-to-use template.

• The trustee declares that the shares are being held in trust on behalf of one or more other parties who are the beneficial owners of the shares.
• The trustee will vote the shares as he sees fit and the beneficial owners appoint the trustee as their proxy in that regard.
• This is a generic (not country-specific) legal form.

Keep your assets out of probate when you die with this USA Declaration of Nominee Trust.

• A nominee trust is a trust created for the purpose of holding property on behalf of beneficiaries whose identities are kept secret.
• The trustee's sole duty is to hold the trust property and pay over any trust income to the beneficiaries. The trustee has no power to deal with the property except as directed by the beneficiaries.
• Unless terminated earlier by one or more beneficiaries, the trust will automatically terminate twenty years after its effective date.
• The trust will not be administered by any court.
• Any termination of the trust, amendments to the Trust Declaration, and any changes in trustees must be recorded in the county records.

It's never to early to start your estate planning. Buy the USA Declaration of Nominee Trust and get started on yours now.

Make a gift of real or personal property to a minor with this free Delivery & Receipt of Gift form under the Uniform Gifts to Minors Act (UGMA).

• The UGMA has been enacted in several states to allow assets to be held on behalf of a minor without the need to set up a special trust fund.
• The property is transferred to a custodian who will hold the property on behalf of the minor child.
• Download the form, fill it in and print it, ready for your signature.

The USA Delivery & Receipt of Gift to Minor form is a free download in MS Word format.

If you have property in other states that you want to place in trust, you need this USA Revocable Living Trust Agreement with a change of jurisdiction clause.

• This Trust Agreement allows the Trustee to move the trust property from one state to another if it will benefit the trust or any beneficiary with respect to taxes or any other reason.
• The Trustee will distribute the trust income as the grantors direct during their lifetime, and following their death, the trust estate is to be distributed to the beneficiaries specified by the grantors.
• The shares of minor beneficiaries are to be held in trust by the trustee and paid out to them when they reach a specific age.
• The share of any beneficiary who dies before receiving all of their share will be paid to any children of that beneficiary or, if there are no children, among the living descendants of the grantors, per stirpes.
• Any beneficiary or legal heir of the grantors who contests the terms of the trust is specifically disinherited by the grantors.
• The grantors may revoke the trust in whole or in part, or amend the Agreement at any time.

The USA Revocable Living Trust Agreement with Change of Jurisdiction Clause is ideal for anyone with out-of-state assets.

Set up a living trust as part of your estate plan with this template USA Revocable Living Trust Declaration.

• Placing your property in a living trust during your lifetime automatically avoids probate, and ensures that when you die your estate will be distributed to your beneficiaries.
• The settlor's property is transferred to the trustee, who holds it in trust on behalf of the beneficiaries.
• After the settlor's death, the trustee will pay all of the estate expenses and then distribute the remainder of the trust proceeds to the beneficiaries.
• This is a revocable trust, which means it can be revoked in whole or in part at any time during your lifetime.
• It should be used in connection with a Pour Over Will.
• Also included is an Approval from Spouse form, which the settlor's spouse must sign to consent to the transfer and release all rights to the trust property.

Set up a voting trust in the USA with this Voting Trust Agreement for Shares, between several stockholders and a trustee.

• deposit of the stock certificates with the trustee,
• issuance of trust certificates to the stockholders,
• the trustee is granted voting privileges and exercise rights associated with the shares.

Set up a voting trust to vote the shares in a corporation with this template Voting Trust Agreement for Shares.

• The parties to the Agreement are the corporation's shareholders, the trustee and a depositary with whom the shares are deposited.
• The purpose of the voting trust is to ensure continuity of the corporation's management and policies.
• The trustee is granted voting privileges and exercise rights associated with the shares.
• This is a generic legal form which is not specific to any country.
• The Voting Trust Agreement for Shares template is provided in MS Word format and is fully editable.

Use this easy template to prepare a Voting Trust Declaration with Right of First Refusal.

• The trustee holds certain shares as bare trustee on behalf of a number of beneficiaries.
• The trustee will vote and deal with the shares as the owners direct.
• The owners appoint the trustee as their proxy, and each one grants the other owners a right of first refusal to purchase their shares.
• This is a generic legal form template (not country-specific) and is fully editable.
• Available in MS Word format.