This deed of trust donation template has 10 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our deed of trust donation template:
DEED OF TRUST This Deed of Trust (the "Agreement") is effective [DATE], BETWEEN: [DONOR NAME] (the "Donor"), an individual with his main address located at: [YOUR COMPLETE ADDRESS] AND: [FIRST TRUSTEE NAME] (the "First Trustee"), an individual with his main address located at: [COMPLETE ADDRESS] AND: [SECOND TRUSTEE NAME] (the "Second Trustee"), an individual with his main address located at: [COMPLETE ADDRESS] WHEREAS the Donor desires to make provision for the welfare and benefit of the persons named in sub-paragraph 3.3 of Article 3 and for this purpose has determined to constitute a trust patrimony and appoint the parties hereto of THE SECOND PART and their successors as Trustees to receive the Trust Property hereinafter mentioned, to be held by them in trust and administered as hereinafter set forth; AND WHEREAS the Trustees have agreed to act as Trustees under the terms hereof and to hold the said property and any other monies, securities, property and assets, forming part of the Trust Property on and subject to the Trust hereinafter declared; NOW THEREFORE THIS INDENTURE WITNESSETH: ARTICLE 1 1.1 The Donor by these presents constitutes a trust patrimony to be known by the name set out in Article 12 (herein referred to as the "Trust") and appropriates, transfers and delivers as an irrevocable donation inter vivos unto the Trustees the sum of [AMOUNT] in trust for the welfare and benefit of the Beneficiaries named in sub-paragraph 3.3 of Article 3 as hereinafter set forth which property the Trustees acknowledge to have received at the execution hereof and accept for the benefit of the Beneficiaries. 1.2 The Trustees agree to administer the sum of [AMOUNT] and any additional property of any nature and kind which such trust patrimony may acquire as part of the Trust Property for the purposes and upon the terms and conditions herein set forth. ARTICLE 2 2.1 The Trust Property shall be held, administered, dealt with and disposed of by the Trustees in trust, upon the trust and for the purposes hereinafter set forth (for the benefit of the Beneficiaries). 2.2 The Trustees shall invest and keep invested the Trust Property in the manner as hereinafter set forth. Until the Final Distribution Date, the Trustees may, in their absolute and unfettered discretion, pay any amount or amounts out of the Net Annual Income derived from the Trust Property to or for the benefit of anyone or more of the Beneficiaries at such time or times, in such proportion or proportions, and in such manner as the Trustees, in their absolute and unfettered discretion, shall determine. In making any such payments of the Net Annual Income, the Trustees may, in their absolute and unfettered discretion, completely exclude any one or more of the Beneficiaries. The Trustees shall accumulate any amount or amounts of the Net Annual Income derived from the Trust Property and not paid over to or for the benefit of any one or more of the Beneficiaries and shall add such amount or amounts of the Net Annual Income derived from the Trust Property and not paid to or for the benefit of any one or more of the Beneficiaries to the capital of the Trust Property. 2.3 In addition to the payments of income, the Trustees may, in their uncontrolled discretion, pay, from time to time, out of the capital of the Trust Property, such amount or amounts as the Trustees may consider advisable for the care, comfort, support, maintenance, general welfare, basic or advanced education, business or professional requirements, investment opportunities or expenses and any accident, sickness or emergency of or affecting any of such Beneficiaries. 2.4 The capital of the Trust Property, including any amounts which may have become capitalized in the manner set forth hereinafter, shall be distributed by the Trustees on the Final Distribution Date to or for the benefit of any one or more of the Beneficiaries in such proportion or proportions and in such manner as the Trustees, in their absolute and unfettered discretion, shall determine and the Trustees shall thereupon be and become finally released and discharged hereunder; when so paying or transferring the whole of the Trust Property then remaining in their hands, the Trustees may, in their absolute and unfettered discretion, completely exclude any one or more of the Beneficiaries. ARTICLE 3 In this deed where the context so admits the following expressions bear the following respective meanings, that is to say: 3.1 "the Trustees" mean the Trustees named herein or any other Trustee or Trustees validly appointed as a replacement thereof; 3.2 "the Trust Property" shall consist of and mean the said sum of [AMOUNT] delivered to the Trustees as aforesaid together with all amounts accumulated by the Trustees and such additional property and assets, real or personal, moveable or immoveable, which the Donor and/or any other person or persons, company or companies, trust or trusts may at any time and from time to time with the approval of the Trustees pay, transfer, lend, assign or convey into the name or under the legal control of the Trustees to be held upon the Trust herein contained or which may at any time hereafter in any other manner become subject to the Trust hereof and shall include any and all property and assets, real or personal, in which the same may be invested by the Trustees or into which the same may be converted by the Trustees, at any time or from time to time, as well as any additions or accretions thereto; 3.3 "Beneficiaries" mean and include the following persons, that is to say: 3.3.1 [Son/Daughter] of the Donor, with representation, per stirpes, in favor of the issue of [Son/Daughter/Wife/Husband] in the event that Donor dies during the term of this Trust (and in the latter case, the issue of [Son/Daughter/Wife/Husband] shall for the purposes hereof be deemed to be a single Beneficiary); 3.3.2 [Son/Daughter] of the Donor, with representation, per stirpes, in favor of the issue of [Son/Daughter/Wife/Husband] in the event that Donor dies during the term of this Trust (and in the latter case, the issue of [Son/Daughter/Wife/Husband] shall for the purposes hereof be deemed to be a single Beneficiary); 3.3.3 wife of the Donor; 3.3.4 the Donor; and 3.3.5 in the event that none of the Beneficiaries described in sub-paragraphs (i), (ii)., (iii) and (iv) hereinabove are alive on the Final Distribution Date, such charity or charities and/or research fund or research funds as the Trustees may in their absolute and uncontrolled discretion decide provided, however, that each such charity shall then be a registered charity within the meaning of the Income Tax Act, [COUNTRY]; 3.4 "Net Annual Income" means, for any particular fiscal period of the trust, 3.4.1 all of the income derived from the Trust Property less the aggregate of 3.4.2 any and all expenses incurred or payable in respect of or to protect the Trust Property or incurred or payable in connection with the management and administration of the Trust herein contained, as determined by the Trustees to be chargeable to income, 3.4.3 such further or other sums in each year as the Trustees in their absolute and uncontrolled discretion consider to be proper allowances, reserves, deductions, disbursements, or outgoings in accordance with generally accepted accounting principles, and 3.4.4 without limiting the generality of the foregoing, such sums in each year as the Trustees shall in their absolute and uncontrolled discretion consider necessary and advisable from time to time as being on account of depletion, deterioration or obsolescence of any of the assets of the Trust Property. 3.5 The terms "income" and "capital" herein shall be interpreted in accordance with generally accepted accounting principles and without reference to the provisions of the Income Tax Act, [COUNTRY] or the Taxation Act, [STATE/PROVINCE]. 3
