[{"data":1,"prerenderedAt":532},["ShallowReactive",2],{"document-declaration-of-trust-D93":3},{"document":4,"label":26,"preview":11,"thumb":27,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":28,"breadcrumb":32,"related":40,"customDescModule":182,"customdescription":6,"mdFm":183,"mdProseHtml":531},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":25},"DECLARATION OF TRUST This Declaration of Trust (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [TRUSTEE NAME] (the \"Trustee\"), an individual with his main address located at: [COMPLETE ADDRESS] This will confirm that the [CLASS] Common Shares of [YOUR COMPANY NAME] (the \"Company\"), represented by Share Certificate No. [NUMBER] and registered in my name is held in trust on behalf of [INDIVIDUAL NAME]. ",null,"Declaration of Trust","1",38,"doc","https://templates.business-in-a-box.com/imgs/1000px/declaration-of-trust-D93.png","https://templates.business-in-a-box.com/imgs/250px/93.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#93.xml",{"title":6,"description":6},[16,19,22],{"label":17,"url":18},"Business Plan Kit","/templates/business-plan-kit/",{"label":20,"url":21},"Board of Directors","/templates/board-of-directors/",{"label":23,"url":24},"Shareholders & Investors","/templates/shareholders-investors/","declaration trust","Declaration of Trust Template","https://templates.business-in-a-box.com/imgs/400px/93.png",[29,16,19,22],{"label":30,"url":31},"Templates","/templates/",[33,34,37],{"label":30,"url":31},{"label":35,"url":36},"Legal Agreements","/templates/business-legal-agreements/",{"label":38,"url":39},"Personal & Estate Legal","/templates/personal-and-estate-legal/",[41,45,49,53,57,61,65,69,73,77,81,85,89,107,124,138,152,165],{"label":42,"url":43,"thumb":44,"extension":10},"Solemn Declaration","/template/solemn-declaration-D917","https://templates.business-in-a-box.com/imgs/250px/917.png",{"label":46,"url":47,"thumb":48,"extension":10},"Affidavit Statutory Declaration","/template/affidavit-statutory-declaration-D5185","https://templates.business-in-a-box.com/imgs/250px/5185.png",{"label":50,"url":51,"thumb":52,"extension":10},"Declaration of the Sole Shareholder","/template/declaration-of-the-sole-shareholder-D92","https://templates.business-in-a-box.com/imgs/250px/92.png",{"label":54,"url":55,"thumb":56,"extension":10},"Declaration of Doing Business","/template/declaration-of-doing-business-D1007","https://templates.business-in-a-box.com/imgs/250px/1007.png",{"label":58,"url":59,"thumb":60,"extension":10},"Statutory Declaration on Amalgamation","/template/statutory-declaration-on-amalgamation-D89","https://templates.business-in-a-box.com/imgs/250px/89.png",{"label":62,"url":63,"thumb":64,"extension":10},"Assignment of Deed of Trust","/template/assignment-of-deed-of-trust-D975","https://templates.business-in-a-box.com/imgs/250px/975.png",{"label":66,"url":67,"thumb":68,"extension":10},"Debentures and Trust Deed","/template/debentures-and-trust-deed-D466","https://templates.business-in-a-box.com/imgs/250px/466.png",{"label":70,"url":71,"thumb":72,"extension":10},"Deed of Trust Donation","/template/deed-of-trust-donation-D986","https://templates.business-in-a-box.com/imgs/250px/986.png",{"label":74,"url":75,"thumb":76,"extension":10},"Voting Trust Agreement","/template/voting-trust-agreement-D926","https://templates.business-in-a-box.com/imgs/250px/926.png",{"label":78,"url":79,"thumb":80,"extension":10},"Source Code Trust Agreement 2","/template/source-code-trust-agreement-2-D810","https://templates.business-in-a-box.com/imgs/250px/810.png",{"label":82,"url":83,"thumb":84,"extension":10},"Source Code Trust Agreement Development","/template/source-code-trust-agreement-development-D812","https://templates.business-in-a-box.com/imgs/250px/812.png",{"label":86,"url":87,"thumb":88,"extension":10},"Board Resolution Approving Declaration of Final Dividend","/template/board-resolution-approving-declaration-of-final-dividend-D41","https://templates.business-in-a-box.com/imgs/250px/41.png",{"description":90,"descriptionCustom":6,"label":91,"pages":92,"size":93,"extension":10,"preview":94,"thumb":95,"svgFrame":96,"seoMetadata":97,"parents":99,"keywords":105,"url":106},"LAST WILL AND TESTAMENT OF [YOUR NAME] I, [YOUR NAME], a resident of [CITY, PROVINCE OR STATE], hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress. ARTICLE I IDENTIFICATION OF FAMILY I am married to [SPOUSE'S NAME] and all references in this Will to \"my spouse\" are references to [SPOUSE'S NAME]. I have the following children, biological or adopted. The names of my children are [NAME OF CHILD] and [NAME OF CHILD]. All references in this Will to \"my children\" are references to the above-named children. ARTICLE II APPOINTMENT OF EXECUTOR I appoint [SPOUSE'NAME], as the executor of my Will. If [SPOUSE'S NAME] is unable or unwilling to serve as executor, then I appoint [NAME OF SECOND EXECUTOR] as the executor. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption. The executor shall not be required to furnish security and shall serve without any bond. and will have the authority to carry out the provisions of my Will, including without limitation, the power to buy, sell, and maintain property; to pursue any claims or legal actions on behalf of my estate; and to pay my probate and funeral expenses prior to any distribution of property. Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death. My Executors shall have full and absolute power in his/her discretion to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as may be acceptable to my beneficiaries. My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate. ARTICLE III GUARDIANSHIP OF MINOR CHILDREN In the event that me and my spouse die before a child of mine reaches the age of eighteen, I appoint [NAME OF THE GUARDIAN], who resides at [ADDRESS OF THE GUARDIAN], to serve as guardian for my minor child(ren). If this named guardian is unable or unwilling to serve, then I appoint [NAME OF THE GUARDIAN], who resides at [ADDRESS OF THE GUARDIAN], as alternate guardian. ARTICLE IV PAYMENT OF DEBTS AND EXPENSES I direct my Executor to pay my judicially enforceable debts, funeral expenses and expenses of last illness be first paid from my estate, as soon after my death as practicable. Further, I direct that all estate and inheritance taxes and other taxes in the general nature thereof (together with any interest or penalty thereon), which shall become payable upon or by reason of my death with respect to any property passing by or under the terms of this Will or any codicil to it hereafter executed by me, or with respect to the proceeds of any life insurance policy or policies, or with respect to any other property (including property over which I have a taxable power of appointment) included in my gross estate for the purpose of such taxes, shall be paid by my Executor out of the principal of my residuary estate. ARTICLE V TRUST FOR THE BENEFIT OF THE MINOR CHILDREN In the event that I bequeath any of my estate in this Will to a child of mine who is under the age of eighteen years at the time of my death, then I direct that all such bequests for that child be held in a separate trust until the child reaches the age of [SPECIFY]. I appoint [NAME, ADRESSE OF THE TRUSTEE], as the trustee for each child's trust created by this Will. If this person or institution is unwilling or unable to serve as trustee, then I appoint [NAME AND ADRESS OF THE TRUSTEE], as alternate trustee. The trustee will serve without bond. The Trustee's Duties: The trustee will convert to cash all debts and securities that are not qualified legal investments, will reinvest cash in proper securities, and will protect and preserve the trust property","Last Will and Testament - Married with Children","5",513,"https://templates.business-in-a-box.com/imgs/1000px/last-will-and-testament---married-with-children-D12557.png","https://templates.business-in-a-box.com/imgs/250px/12557.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12557.xml",{"title":98,"description":6},"last will and testament - married with children",[100,102],{"label":17,"url":101},"business-plan-kit",{"label":103,"url":104},"Last Will & Testament","/last-will-testament","last will testament   married with children","/template/last-will-and-testament---married-with-children-D12557",{"description":108,"descriptionCustom":6,"label":109,"pages":110,"size":111,"extension":10,"preview":112,"thumb":113,"svgFrame":114,"seoMetadata":115,"parents":116,"keywords":122,"url":123},"GENERAL POWER OF ATTORNEY This General Power of Attorney (the \"Agreement\") is made and effective [DATE], BETWEEN: [ATTORNEY NAME] (the \"Attorney\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Client\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] TERMS KNOW ALL MEN BY THESE PRESENTS, that this Power of Attorney is given by Client to Attorney and that the Client hereby appoints Attorney to be its attorney and to do in its name and on its behalf anything that the Client can lawfully do by an attorney, including but not limited to; To ask, demand, sue for, recover, collect, and receive all sums of money, debts, dues, accounts, legacies, bequests, interest, dividends, annuities, and demands of every type that are now or may later become due, owing, payable or belonging to Client and have, use, and take all lawful ways and means in Client's name or otherwise for the recovery thereof, by attachments, arrest, distress, or otherwise, and to compromise and agree for them and acquaintances or other sufficient discharges for them; For Client and in its name, to make, seal, and deliver, to bargain, contract, agree for, purchase, receive, and take lands, and tenements, and accept the possession of all lands, and all deeds and other assurances, in the law therefore, and to lease, let, demise, bargain, sell, release, convey, mortgage, and hypothecate lands, and tenements on the terms and conditions and under the covenants as Attorney thinks fit;","General Power of Attorney","3",36,"https://templates.business-in-a-box.com/imgs/1000px/general-power-of-attorney-D1037.png","https://templates.business-in-a-box.com/imgs/250px/1037.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1037.xml",{"title":6,"description":6},[117,119],{"label":35,"url":118},"business-legal-agreements",{"label":120,"url":121},"Power of Attorney","power-of-attorney","general power attorney","/template/general-power-of-attorney-D1037",{"description":125,"descriptionCustom":6,"label":126,"pages":127,"size":128,"extension":10,"preview":129,"thumb":130,"svgFrame":131,"seoMetadata":132,"parents":133,"keywords":136,"url":137},"JOINT VENTURE AGREEMENT This Joint Venture Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"First Joint Venturer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND JOINT VENTURER NAME] (the \"Second Joint Venturer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] This Agreement is entered by First Joint Venturer and Second Joint Venturer, herein after collectively referred to as the \"Joint Venturers\", for the purpose of performing: [DESCRIBE JOINT VENTURE]. WITNESSETH: WHEREAS, the parties are desirous of forming a Joint Venture (the \"Venture\"), under the laws of the [State/Province] of [STATE/PROVINCE] by execution of this Agreement for the purposes set forth herein and are desirous of fixing and defining between themselves their respective responsibilities, interests, and liabilities in connection with the performance of the before mentioned project; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties herein agree to constitute themselves as Joint Venturers, henceforth, \"Venturers\" for the purposes before mentioned, and intending to be legally bound hereby, the parties hereto, after first being duly sworn, do covenant, agree and certify as follows: DEFINITIONS \"Affiliate\" shall refer to (i) any person directly or indirectly controlling, controlled by or under common control with another person, (ii) any person owning or controlling 10% or more of the outstanding voting securities of such other person, (iii) any officer, director or other partner of such person and (iv) if such other person is an officer, director, joint Venturer or partner, any business or entity for which such person acts in any such capacity. \"Venturers\" shall refer to [VENTURE NAME] Inc., and any successor(s) as may be designated and admitted to the Venture. \"Internal Revenue Code\", \"Code\" or \"I.R.C.\" shall refer to the current and applicable Internal Revenue Code. \"Net Profits and Net Losses\" means the taxable income and loss of the Venture, except as follows: [DESCRIBE] The \"Book\" value of an asset shall be substituted for its adjusted tax basis if the two differ, but otherwise Net Profits and Net Losses shall be determined in accordance with federal income tax principles. \"Project\" shall refer to that certain [DESCRIBE] project known as [NAME]. \"Treasury Regulations\" shall refer to those regulations promulgated by the Department of the Treasury with respect to certain provision of Internal Revenue Code. \"Percentage of Participation\" shall refer to that figure set forth in Exhibit A. FORMATION, NAME, AND PRINCIPLE PLACE OF BUSINESS Formation (a) The Venturers do hereby form a joint venture pursuant to the laws of the State of [STATE/PROVINCE] in order for the Venture to carry on the purposes for which provision is made herein. (b) The Ventures shall execute such certificates as may be required by the laws of the [State/Province] of [STATE/PROVINCE] or of any other state in order for the Venture to operate its business and shall do all other acts and things requisite for the continuation of the Venture as a joint venture pursuant to applicable law. Name The Name and style under which the Venture shall be conducted is: [DESCRIBE]. Principal place of business The Venture shall maintain its principal place of business at [FULL ADDRESS]. The Venture may re-locate its office from time to time or have additional offices as the Venturers may determine. PURPOSE OF THE JOINT VENTURE The business of the Venture shall be to perform: [DESCRIBE], a project having the Contract # , being entitled, and being in a dollar amount of [AMOUNT], in accordance with the contract documents for the Project and all such other business incidental to the general purposes herein set forth. TERM The term of the Venture shall commence as of the date hereof and shall be terminated and dissolved upon the earliest to occur of: (i) completion of the Project and receipt of all sums due the Venture by the Owner, [OWNER NAME] pursuant thereto and payment of all laborers and material men employed by the Venture in connection with the project; (ii) [DATE]; (iii) the unanimous agreement of the Ventures; or (iv) the order of a court of competent jurisdiction. PERCENTAGE OF PARTICIPATION Description Except as otherwise provided in sections 6.0 and 9.0 hereof, the interest of the Parties in any gross profits and their respective shares in any losses and/or liabilities that may result from the filing of a joint bid and/or the performance of the Construction Contract, and their interests in all property and equipment acquired and all money received in connection with the performance of the Contract shall be as follows: [Name Joint Venture Partner Percentage] Losses The Parties agree that in the event any losses arise out of or results from the performance of the Project, each Venturer shall assume and pay the share of the losses that is equal to the percentage of participation. Liabilities If for any reason, a Venturer sustains any liabilities or is required to pay any losses arising out of or directly connected with the Project, or the execution of any surety bonds or indemnity agreements in connection therewith, which are in excess of its Percentage of Participation, in the Joint Venture, the other Venturer shall promptly reimburse such Venturer this excess, so that each and every member of the Joint Venturer will then have paid its proportionate share of such losses to the full extent of its Percentage of Participation. Indemnities The Venturers agree to indemnify each other and to hold the other harmless from, any and all losses of the Joint Venture that are in excess of such other Venturer's Percentage of Participation. Provided that the provisions of this subsection shall be limited to losses that are directly connected with or arise out of the performance of the Project and/or the execution of any bonds or indemnity agreements in connection therewith and shall not be relate to or include any incidental, indirect or consequential losses that may be sustained or suffered by a Party. Duration The Parties shall from time to time execute such bonds and indemnity agreements, including applications there and other documents that may be necessary in connection with the performance of the Project. Provided however, that the liability of each of the Parties under any agreements to indemnify a surety company or surety companies shall be limited to the percentage of the total liability assumed by all the Parties under such indemnity agreements that is equal to the Party's Percentage of Participation. Initial contribution of the venture (a) The Venturers shall contribute the Property to the Venture and their Capital Account shall each be credited with the appropriate value of such contribution in accordance with their Venture interests. (b) Except as otherwise required by law or this Agreement, the Venturers shall not be required to make any further capital contributions to the Venture. Venture interests Upon execution of this Agreement, the Venturers shall each own the following interests in the Venture: Joint Venture Partner Percentage Return of capital contributions (a) No Venturer shall have the right to withdraw his capital contributions or demand or receive the return of his capital contributions or any part thereof, except as otherwise provided in this Agreement. (b) The Venturers shall not be personally liable for the return of capital contributions or any part thereof, except as otherwise provided in this Agreement. (c) The Venture shall not pay interest on capital contributions of any Venturer.","Joint Venture Agreement","7",70,"https://templates.business-in-a-box.com/imgs/1000px/joint-venture-agreement-D889.png","https://templates.business-in-a-box.com/imgs/250px/889.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#889.xml",{"title":6,"description":6},[134,135],{"label":35,"url":118},{"label":35,"url":118},"joint venture agreement","/template/joint-venture-agreement-D889",{"description":139,"descriptionCustom":6,"label":140,"pages":110,"size":93,"extension":10,"preview":141,"thumb":142,"svgFrame":143,"seoMetadata":144,"parents":146,"keywords":145,"url":151},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":145,"description":6},"non disclosure agreement nda",[147,148],{"label":35,"url":118},{"label":149,"url":150},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":153,"descriptionCustom":6,"label":154,"pages":8,"size":155,"extension":10,"preview":156,"thumb":157,"svgFrame":158,"seoMetadata":159,"parents":160,"keywords":163,"url":164},"ADHESION TO THE UNANIMOUS SHAREHOLDER AGREEMENT I, [INDIVIDUAL NAME], domiciled and residing at [FULL ADDRESS], declare that: As of today, I subscribe to [NUMBER] class [SPECIFY] shares issued from the share-capital of [COMPANY NAME]; I have examined the Unanimous Shareholders Agreement and I am satisfied of its content and acknowledge that a copy of such documents has been remitted to me;","Adhesion to the Unanimous Shareholder Agreement",41,"https://templates.business-in-a-box.com/imgs/1000px/adhesion-to-the-unanimous-shareholder-agreement-D848.png","https://templates.business-in-a-box.com/imgs/250px/848.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#848.xml",{"title":6,"description":6},[161,162],{"label":35,"url":118},{"label":35,"url":118},"adhesion to unanimous shareholder agreement","/template/adhesion-to-the-unanimous-shareholder-agreement-D848",{"description":166,"descriptionCustom":6,"label":167,"pages":127,"size":168,"extension":10,"preview":169,"thumb":170,"svgFrame":171,"seoMetadata":172,"parents":173,"keywords":180,"url":181},"PROPERTY MANAGEMENT AGREEMENT This Property Management Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Owner\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [AGENT NAME] (the \"Agent\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS Owner holds title to the following-described real property: [insert legal or other appropriate description], here referred to as the property. Agent is experienced in the business of operating and managing real estate similar to the above-described property. Owner desires to engage the services of agent to manage and operate the property, and agent desires to provide such services on the following terms and conditions. In consideration of the mutual covenants contained herein, the parties agree: EMPLOYMENT OF AGENT Agent shall act as the exclusive agent of owner to manage, operate and maintain the property. BEST EFFORTS OF AGENT On assuming the management and operation of the property, agent shall thoroughly inspect the property and submit a written report to owner. The written report shall contain the opinion of agent concerning the present efficiency under which the property is being managed and operated, and recommended changes, if necessary, in the management structure of the property, in the rehabilitation of the property, and any other matters that will improve the efficient management and operation of the property. After conferring with owner and obtaining approval to make any necessary improvements, agent shall undertake completion of the improvements. LEASING OF PROPERTY Agent shall make reasonable efforts to lease available space of the property, and shall be responsible for all negotiations with prospective tenants. Agent shall also have the right to execute and enter into, on behalf of owner, month-to-month tenancies of units of the property. Agent may negotiate all extensions and renewals of such month-to-month tenancies and leases. Agent shall not, without the prior written consent of owner, enter into any lease for a term less than [NUMBER] months or more than [NUMBER] months. Agent shall have the right to make concessions, including rental concessions, as inducements to prospective tenants to occupy the property. ADVERTISING AND PROMOTION Agent shall advertise vacancies by all reasonable and proper means; provided, agent shall not incur expenses for advertising in excess of [AMOUNT] during any calendar quarter without the prior written consent of owner. MAINTENANCE, REPAIRS AND OPERATIONS Agent shall use its best efforts to insure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise furnish, electricity, gas, fuel, water, telephone, window cleaning, refuse disposal, pest control, and any other utilities or services required for the operation of the property. Agent shall make or cause to be made and supervise necessary repairs and alterations and shall decorate and furnish the property. Expenditures for repairs, alterations, decorations or furnishings in excess of [AMOUNT] shall not be made without prior written consent of owner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons or loss of life, or to maintain services to tenants. EMPLOYEES Agent shall employ, discharge and supervise all on-site employees or contractors required for the efficient operation and maintenance of the property. All on-site personnel, except independent contractors and employees of independent contractors, shall be the employees of agent. Agent shall pay the salaries of such on-site employees and, to the extent there are revenues from the property available, pay all charges for services rendered by independent contractors and the employees of independent contractors. All salaries (including all contributions of employer not listed in the paycheck) of such on-site employees shall be charged to owner. To the extent there are insufficient funds available from revenues received from the operation of the property to reimburse agent for such salaries, owner shall directly reimburse agent within [NUMBER] days after demand by agent for reimbursement. Agent shall not be responsible or liable to owner for any act, default or negligence of on-site personnel, or for any error of judgment or mistake of law or fact in connection with their employment, conduct or discharge except that agent shall be responsible for any such act, default or negligence that is due directly or indirectly to its own negligent act or omission in the hiring or supervision of any such on-site personnel. On-site personnel shall include all resident personnel, including, but not limited to, managers and maintenance personnel, all recreational personnel (whether part-time or full-time), day-care center personnel, and all other individuals located, rendering services or performing activities on the property in connection with its operation. GOVERNMENT REGULATIONS Agent shall manage the property in full compliance with all laws and regulations of any federal, state, county or municipal authority having jurisdiction over the property. INSURANCE Agent shall obtain the following insurance at the expense of owner, and such insurance shall be maintained in force during the full term of this agreement: Comprehensive public liability property insurance of [AMOUNT] single limit for bodily injury, death and property damage; Fire and extended coverage hazard insurance in an amount equal to the full replacement cost of the structure and other improvements situated on the property; and A fidelity bond in the amount of [AMOUNT] on each employee who handles cash, and workers' compensation and employer liability insurance to cover the agents and employees of both employer and agent. All of the policies shall name agent and owner as co-insureds as their respective interests may appear. Agent shall deliver certificates evidencing such insurance coverage to owner within [NUMBER] days from the issuance and renewal of the policies. Owner shall cooperate with agent and any insurer in the making and delivery of all reports, notices, and other items required in connection with any of the insurance policies. COLLECTION OF INCOME; INSTITUTION OF LEGAL ACTION Agent shall use its best efforts to collect promptly all rents and other income issuing from the property when such amounts become due. It is understood that agent does not guarantee the collection of rents. Agent shall, in the name of owner, execute and serve such notices and demands on delinquent tenants as agent may deem necessary or proper. Agent, in the name of owners, shall institute, settle or compromise any legal action and make use of such methods of legal process against a delinquent tenant or the property of a delinquent tenant as may be necessary to enforce the collection of rent or other sums due from the tenant, to enforce any covenants or conditions of any lease or month-to-month rental agreement, and to recover possession of any part of the property. No other form of legal action will be instituted and no settlement, compromise, or adjustment of any matters involved therein shall be made without the prior written consent of owner, except when agent determines that immediate action is necessary. BANK ACCOUNTS","Property Management Agreement",73,"https://templates.business-in-a-box.com/imgs/1000px/property-management-agreement-D1196.png","https://templates.business-in-a-box.com/imgs/250px/1196.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1196.xml",{"title":6,"description":6},[174,177],{"label":175,"url":176},"Real Estate","real-estate-business",{"label":178,"url":179},"Business Checklists","business-checklists","property management agreement","/template/property-management-agreement-D1196",false,{"seo":184,"reviewer":197,"legal_disclaimer":201,"quick_facts":202,"at_a_glance":204,"personas":208,"variants":233,"glossary":258,"clauses":295,"how_to_fill":346,"common_mistakes":387,"faqs":412,"industries":440,"comparisons":457,"diy_vs_lawyer":472,"jurisdictions":485,"related_template_ids_curated":506,"schema":518,"classification":519},{"meta_title":185,"meta_description":186,"primary_keyword":187,"secondary_keywords":188},"Declaration of Trust Template | BIB","Free declaration of trust template for estate planning and asset protection. Covers trustee duties, beneficiary rights, and termination.","declaration of trust template",[189,190,191,192,193,194,195,196],"declaration of trust template word","declaration of trust template free","trust declaration template","bare trust declaration template","declaration of trust form","deed of trust template","declaration of trust estate planning","declaration of trust asset protection",{"name":198,"credential":199,"reviewed_date":200},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":203,"legal_review_recommended":201,"signature_required":201,"notarization_required":182},"advanced",{"what_it_is":205,"when_you_need_it":206,"whats_inside":207},"A Declaration of Trust is a formal legal document by which a settlor declares that they hold a specific asset — property, shares, cash, or other valuables — on trust for a named beneficiary. This free Word download covers trustee duties, beneficiary rights, trust purpose, and termination conditions in a single structured document you can edit online and export as PDF.\n","Use it when transferring beneficial ownership of an asset without changing the legal title holder, or when establishing a trust structure for estate planning, asset protection, or corporate nominee arrangements.\n","Settlor and trustee identification, asset description, trust purpose, trustee powers and duties, beneficiary rights and entitlements, distribution rules, conflict-of-interest provisions, and termination and winding-up conditions.\n",[209,213,217,221,225,229],{"title":210,"use_case":211,"icon_asset_id":212},"Property owners and landlords","Declaring beneficial ownership of real estate held in another party's name","persona-landlord",{"title":214,"use_case":215,"icon_asset_id":216},"Estate planning professionals","Establishing a trust structure to manage asset distribution on death","persona-estate-planner",{"title":218,"use_case":219,"icon_asset_id":220},"Business owners and directors","Structuring nominee shareholding arrangements for corporate investments","persona-business-owner",{"title":222,"use_case":223,"icon_asset_id":224},"Parents and family members","Holding assets for minor children until they reach a specified age","persona-family-trustee",{"title":226,"use_case":227,"icon_asset_id":228},"Investors and co-owners","Documenting beneficial shares in jointly purchased assets or funds","persona-investor",{"title":230,"use_case":231,"icon_asset_id":232},"Legal and financial advisors","Preparing trust documentation for clients engaged in wealth structuring","persona-legal-advisor",[234,238,241,244,247,251,254],{"situation":235,"recommended_template":236,"slug":237},"Holding property in your name on behalf of another person","Bare Trust Declaration","declaration-of-trust-D93",{"situation":239,"recommended_template":240,"slug":237},"Establishing a trust to manage assets for minor children","Family Trust Declaration",{"situation":242,"recommended_template":243,"slug":237},"Structuring a nominee shareholding arrangement","Nominee Shareholder Declaration of Trust",{"situation":245,"recommended_template":246,"slug":237},"Splitting beneficial and legal ownership of real estate between co-owners","Declaration of Trust (Property)",{"situation":248,"recommended_template":249,"slug":250},"Creating a discretionary trust with multiple beneficiaries","Discretionary Trust Deed","assignment-of-deed-of-trust-D975",{"situation":252,"recommended_template":253,"slug":237},"Documenting a trust for a specific charitable or nonprofit purpose","Charitable Trust Declaration",{"situation":255,"recommended_template":256,"slug":257},"Establishing a living trust as part of a broader estate plan","Revocable Living Trust","proxy-revocable-D20",[259,262,265,268,271,274,277,280,283,286,289,292],{"term":260,"definition":261},"Settlor","The person who creates the trust and transfers assets into it, establishing the terms under which the trustee holds those assets.",{"term":263,"definition":264},"Trustee","The individual or entity that holds legal title to the trust assets and is legally obligated to manage them according to the trust document and applicable law.",{"term":266,"definition":267},"Beneficiary","The person or entity entitled to benefit from the trust assets, either through income distributions, capital distributions, or both.",{"term":269,"definition":270},"Bare Trust","A simple trust in which the trustee holds assets with no discretion — the beneficiary has an absolute right to the assets and any income they generate.",{"term":272,"definition":273},"Discretionary Trust","A trust in which the trustee has discretion to decide how, when, and to which beneficiaries income or capital is distributed.",{"term":275,"definition":276},"Beneficial Ownership","The right to enjoy the economic benefits of an asset — income, appreciation, and use — even when legal title is held by someone else.",{"term":278,"definition":279},"Legal Title","The formal ownership of an asset as recorded in a public register or title deed, which may differ from beneficial ownership when a trust is in place.",{"term":281,"definition":282},"Trust Deed","A formal executed document establishing a trust — broader than a declaration of trust, typically used when assets are transferred from a separate settlor to an independent trustee.",{"term":284,"definition":285},"Fiduciary Duty","The legal obligation of a trustee to act solely in the best interest of the beneficiaries, prioritizing their welfare over the trustee's own interests.",{"term":287,"definition":288},"Vesting","The point at which a beneficiary's entitlement to trust assets becomes unconditional and immediately enforceable.",{"term":290,"definition":291},"Trust Property","The specific assets — real estate, shares, cash, or other property — that are subject to the trust and held by the trustee on behalf of the beneficiaries.",{"term":293,"definition":294},"Advancement","An early distribution of trust capital to a beneficiary before the scheduled vesting date, typically permitted under the trustee's powers in defined circumstances.",[296,301,306,311,316,321,326,331,336,341],{"name":297,"plain_english":298,"sample_language":299,"common_mistake":300},"Parties and recitals","Identifies the settlor, trustee, and beneficiary by full legal name, and records the background facts that explain why the trust is being created.","This Declaration of Trust is made on [DATE] by [TRUSTEE FULL NAME] ('Trustee') in respect of assets held on behalf of [BENEFICIARY FULL NAME] ('Beneficiary'). The Trustee confirms that the Trust Property described in Schedule A was acquired and is held solely for the benefit of the Beneficiary.","Using informal names or nicknames instead of legal names — this creates ambiguity in land registries, probate proceedings, and tax filings, all of which require exact name matching.",{"name":302,"plain_english":303,"sample_language":304,"common_mistake":305},"Description of trust property","Precisely identifies the asset or assets held in trust — property address and title number, share class and certificate number, or bank account details.","The Trust Property is the freehold property known as [PROPERTY ADDRESS], registered at HM Land Registry under Title Number [TITLE NUMBER], together with all fixtures, fittings, and appurtenances thereto.","Describing property by informal address only, without a title number, legal description, or cadastral reference. An insufficient description can render the declaration unenforceable against third parties.",{"name":307,"plain_english":308,"sample_language":309,"common_mistake":310},"Declaration of trust and beneficial ownership","The operative clause — the trustee's formal statement that they hold the trust property not for themselves but exclusively for the beneficiary, to the extent of the beneficiary's stated interest.","The Trustee hereby declares that they hold the Trust Property, and all income, proceeds, and accretions arising therefrom, upon trust absolutely for the Beneficiary in the proportions set out in Schedule B.","Failing to specify proportions when there are multiple beneficiaries. Omitting percentages creates disputes on distribution that courts resolve under default equal-share rules — which may not reflect the parties' intentions.",{"name":312,"plain_english":313,"sample_language":314,"common_mistake":315},"Trustee powers and duties","Sets out what the trustee is authorized to do — collect income, execute documents, deal with the asset — and what they are obligated to do, including keeping accounts and following the beneficiary's instructions in a bare trust.","The Trustee shall: (a) collect and remit all income derived from the Trust Property to the Beneficiary promptly; (b) execute any document or instrument relating to the Trust Property as directed in writing by the Beneficiary; (c) maintain accurate records of all dealings with the Trust Property.","Granting the trustee broad investment powers in a bare trust. In a bare trust the beneficiary controls the asset; broad discretionary powers in the trustee contradict the structure and can blur the tax treatment.",{"name":317,"plain_english":318,"sample_language":319,"common_mistake":320},"Beneficiary rights","States what the beneficiary is entitled to — income, capital, occupation of property, or voting rights on shares — and the process by which they exercise those rights.","The Beneficiary shall be entitled to: (a) all net income arising from the Trust Property; (b) direct the Trustee to sell, transfer, or otherwise deal with the Trust Property; (c) call for a transfer of legal title to themselves or their nominee at any time on [X] days' written notice.","Omitting the beneficiary's right to call for legal title. Without it, a beneficiary may find themselves unable to sell or mortgage the asset without the trustee's ongoing cooperation.",{"name":322,"plain_english":323,"sample_language":324,"common_mistake":325},"Indemnity and expenses","Confirms that the beneficiary will indemnify the trustee against costs, liabilities, and claims arising from holding the trust property, and the process for reimbursing the trustee's out-of-pocket expenses.","The Beneficiary shall indemnify and keep indemnified the Trustee against all costs, claims, expenses, and liabilities incurred in connection with the Trust Property, including mortgage payments, insurance, maintenance, and taxes, to the extent not met from trust income.","No indemnity clause at all. If the trust property generates a liability — an unpaid mortgage, a planning enforcement notice, a tax assessment — the trustee faces personal exposure with no contractual right of recovery.",{"name":327,"plain_english":328,"sample_language":329,"common_mistake":330},"Conflict of interest and trustee removal","Requires the trustee to disclose any conflict of interest and allows the beneficiary to remove and replace the trustee by written notice.","The Trustee shall immediately disclose to the Beneficiary any circumstance in which the Trustee has or may have a personal interest that conflicts with their duties. The Beneficiary may remove the Trustee by [30] days' written notice and appoint a successor trustee, subject to any applicable statutory requirements.","No removal mechanism. If the trustee becomes unavailable, hostile, or insolvent, the beneficiary needs a clear contractual route to replace them — without one, court proceedings may be the only option.",{"name":332,"plain_english":333,"sample_language":334,"common_mistake":335},"Confidentiality","Restricts the trustee from disclosing the existence of the trust or the identity of the beneficiary to third parties without the beneficiary's consent, except as required by law.","The Trustee shall keep the terms of this Declaration and the identity of the Beneficiary strictly confidential and shall not disclose such information to any third party without the prior written consent of the Beneficiary, except where required by applicable law or court order.","Omitting a carve-out for legal disclosure obligations. A trustee facing a court order or a tax authority information request cannot lawfully refuse disclosure — and an unqualified confidentiality clause could expose them to breach claims if they comply with legal requirements.",{"name":337,"plain_english":338,"sample_language":339,"common_mistake":340},"Termination and distribution","States the events that bring the trust to an end — the beneficiary calling for legal title, a specified date, the death of the beneficiary, or a triggering event — and the process for winding up.","The trust created by this Declaration shall terminate upon the earliest of: (a) written demand by the Beneficiary for transfer of legal title; (b) the death of the Beneficiary, whereupon the Trust Property shall form part of the Beneficiary's estate; or (c) [LONG-STOP DATE]. On termination, the Trustee shall promptly execute all documents required to transfer the Trust Property to the Beneficiary or their legal personal representatives.","No long-stop termination date. In many jurisdictions, perpetuity rules impose statutory time limits on trusts — an open-ended trust without a termination provision may be void or subject to mandatory wind-up under statute.",{"name":342,"plain_english":343,"sample_language":344,"common_mistake":345},"Governing law and execution","Specifies which jurisdiction's law governs the declaration and records the signatures, dates, and any witness requirements for valid execution.","This Declaration of Trust is governed by the laws of [GOVERNING JURISDICTION]. Executed as a deed on [DATE] by [TRUSTEE FULL NAME] in the presence of [WITNESS NAME], [WITNESS ADDRESS].","Signing as a simple contract rather than as a deed. In most common-law jurisdictions, a declaration of trust over real property must be executed as a deed — signed, witnessed, and in some cases notarized — or it is unenforceable against third parties.",[347,352,357,362,367,372,377,382],{"step":348,"title":349,"description":350,"tip":351},1,"Identify all parties by full legal name","Enter the settlor's, trustee's, and each beneficiary's complete legal name exactly as it appears on government-issued ID or corporate registration documents. For corporate trustees or beneficiaries, include the registered company number and jurisdiction of incorporation.","Cross-reference the beneficiary's name against any existing property title, share register, or bank account to ensure exact matching — discrepancies create costly correction procedures later.",{"step":353,"title":354,"description":355,"tip":356},2,"Describe the trust property with legal precision","For real estate, include the full address, title number or land registry reference, and legal description. For shares, include company name, share class, number of shares, and certificate numbers. For cash or bank accounts, include the institution name, account number, and sort or routing code.","Attach a Schedule A with the full property description rather than trying to fit it into the body clause — this makes future amendments to the property schedule cleaner.",{"step":358,"title":359,"description":360,"tip":361},3,"State beneficial ownership proportions clearly","Where there is a single beneficiary, confirm 100% beneficial ownership. Where there are multiple beneficiaries, state each person's percentage or fractional share explicitly. If shares are to be unequal, record the agreed reasoning in a separate letter of wishes.","Even where parties intend a 50/50 split, write '50% each' rather than 'equal shares' — equal-share language has been disputed in court when contributions to purchase price were unequal.",{"step":363,"title":364,"description":365,"tip":366},4,"Define trustee powers appropriate to the trust type","For a bare trust, limit trustee powers to administrative acts — signing documents, collecting income, maintaining records — on the beneficiary's direction. For a discretionary trust, enumerate specific investment and distribution powers with any restrictions or guidelines.","Avoid copying trustee powers from a discretionary trust template into a bare trust declaration. Broad discretionary powers in a bare trust can reclassify it for tax purposes and trigger unintended stamp duty or income tax consequences.",{"step":368,"title":369,"description":370,"tip":371},5,"Draft the indemnity clause with real-world liabilities in mind","List the specific categories of liability the trustee may face — mortgage obligations, property taxes, insurance, maintenance, legal costs — and confirm the beneficiary's obligation to fund or reimburse each. Include a payment timeline, e.g., within 14 days of written demand.","If the trust property carries a mortgage, confirm with the lender whether the trust structure affects the loan terms — some mortgage lenders require consent to a change in beneficial ownership.",{"step":373,"title":374,"description":375,"tip":376},6,"Insert a termination date and succession plan","Set a long-stop termination date consistent with applicable perpetuity rules in the governing jurisdiction. If the beneficiary is a minor, set the vesting date at age 18 or 21. Include a successor trustee appointment mechanism in case the original trustee dies, becomes incapacitated, or resigns.","Check the perpetuity period in your jurisdiction before setting the long-stop date — England and Wales apply a 125-year statutory period; other jurisdictions differ materially.",{"step":378,"title":379,"description":380,"tip":381},7,"Execute as a deed with proper witnessing","Sign the declaration in the presence of an independent adult witness who is not a party to the trust and not a family member of any party. The witness must sign, print their name, and provide their address. Where required, have the document notarized before registration.","A declaration of trust over real property must be executed as a deed in most common-law jurisdictions — signing as a simple contract leaves it unenforceable against third-party purchasers and mortgage lenders.",{"step":383,"title":384,"description":385,"tip":386},8,"Register or file the document where required","In some jurisdictions, a declaration of trust over real property must be noted on the land title or filed with the relevant registry to bind third parties. For share trusts, update the company's register of members to note the nominee arrangement if required by local law.","Even where registration is not legally required, keep a certified copy of the executed declaration with the title deeds or share certificates — losing the original creates significant complications if the trust is disputed.",[388,392,396,400,404,408],{"mistake":389,"why_it_matters":390,"fix":391},"Signing as a contract rather than as a deed","A declaration of trust over real property executed as a simple contract is unenforceable against third-party purchasers and lenders in most common-law jurisdictions — meaning the beneficiary may lose their beneficial interest if the trustee sells or mortgages the property without consent.","Execute the document as a deed — signed by the trustee in the presence of a witness who attests the signature, with the witness printing their name and address. Follow the precise execution formalities required by the governing jurisdiction.",{"mistake":393,"why_it_matters":394,"fix":395},"Insufficient description of the trust property","A vague description such as 'the property at 12 High Street' without a title number or legal description cannot be enforced against a third party who acquires the property without notice of the trust.","Include the full legal description, registered title number, and any other cadastral or registry reference in a dedicated Schedule A attached to and forming part of the declaration.",{"mistake":397,"why_it_matters":398,"fix":399},"No indemnity clause protecting the trustee","A trustee who holds a mortgaged property or a loss-making asset faces personal liability for obligations — mortgage payments, taxes, repairs — with no contractual right to recover those costs from the beneficiary.","Include an express indemnity clause requiring the beneficiary to fund all liabilities associated with the trust property and to reimburse the trustee's reasonable costs within a specified period.",{"mistake":401,"why_it_matters":402,"fix":403},"Omitting a trustee removal and replacement mechanism","If the trustee becomes insolvent, incapacitated, or uncooperative, the beneficiary has no contractual route to replace them and may need to apply to court — a process that typically costs several thousand dollars and takes months.","Include a clause permitting the beneficiary to remove the trustee by written notice of 30 days and to appoint a successor, subject only to any statutory requirements in the governing jurisdiction.",{"mistake":405,"why_it_matters":406,"fix":407},"Using a bare trust structure but granting discretionary powers","Granting the trustee discretion over income or capital in what is intended as a bare trust can reclassify the arrangement for income tax and stamp duty purposes, triggering unintended tax liabilities for both the trustee and the beneficiary.","In a bare trust, restrict trustee powers explicitly to administrative acts — executing documents and collecting income — carried out on the beneficiary's written direction only.",{"mistake":409,"why_it_matters":410,"fix":411},"No long-stop termination date","An open-ended trust may breach the perpetuity rules in force in the governing jurisdiction, rendering the trust void or requiring mandatory judicial wind-up — at the cost and delay of court proceedings.","Insert a long-stop termination date consistent with the applicable perpetuity period — 125 years in England and Wales, 21 years from the death of a measuring life in many US states, or the specific statutory period in the relevant Canadian province.",[413,416,419,422,425,428,431,434,437],{"question":414,"answer":415},"What is a declaration of trust?","A declaration of trust is a formal legal document in which the person holding legal title to an asset — the trustee — declares that they hold it not for their own benefit but exclusively for a named beneficiary. It separates legal ownership from beneficial ownership, allowing the economic benefit of an asset to rest with one party while legal title remains with another. It is commonly used for real estate, shares, and cash held in nominee arrangements.\n",{"question":417,"answer":418},"What is the difference between a declaration of trust and a trust deed?","A declaration of trust is typically a unilateral document in which the trustee declares they already hold an asset on trust — used when legal title has already been transferred or is being held from the outset. A trust deed is a bilateral document that formally constitutes a new trust by transferring assets from a settlor to an independent trustee. Both create enforceable trust relationships, but their structure, stamp duty treatment, and registration requirements can differ by jurisdiction.\n",{"question":420,"answer":421},"Does a declaration of trust need to be witnessed or notarized?","In most common-law jurisdictions, a declaration of trust over real property must be executed as a deed — signed by the trustee in the presence of an independent witness who attests the signature. Notarization is required in some states and countries, particularly for international use or where the document must be registered with a land registry. A declaration over personal property such as shares or cash may have lower formality requirements, but executing as a deed is generally recommended for enforceability.\n",{"question":423,"answer":424},"Is a declaration of trust legally binding?","Yes, a properly executed declaration of trust is generally enforceable as a matter of equity and, in many jurisdictions, statute. It binds the trustee personally and, where properly registered or where a third party has notice of it, binds subsequent owners of the legal title. Enforceability depends on correct execution formalities, a sufficiently precise description of the trust property, and compliance with any local registration requirements.\n",{"question":426,"answer":427},"What are the tax implications of a declaration of trust?","Tax treatment varies significantly by jurisdiction and trust type. In many countries, a declaration of trust that separates beneficial from legal ownership is a taxable event for stamp duty, land transfer tax, or capital gains purposes. Income derived from trust property is generally taxed in the hands of the beneficial owner. Inheritance and gift tax consequences may also arise depending on the relationship between the parties. You should consult a tax adviser before executing a declaration of trust involving significant assets.\n",{"question":429,"answer":430},"Can a declaration of trust be used for real estate?","Yes — declarations of trust are widely used for real estate to record beneficial ownership percentages between co-owners, to hold property in a nominee's name for a beneficial owner, or as part of estate planning structures. For real property, the declaration must typically be executed as a deed and in some jurisdictions must be noted on the land register to bind third-party purchasers and mortgage lenders.\n",{"question":432,"answer":433},"Who can be a trustee in a declaration of trust?","Any adult individual with legal capacity can act as trustee, as can most corporate entities. The trustee must be distinct from the sole beneficiary — a person cannot hold legal title on trust entirely for themselves. A corporate trustee is often preferred for complex or long-duration trusts because it removes the risk of trustee death or incapacity disrupting the arrangement. In most jurisdictions, the trustee must be resident or registered in the governing jurisdiction for the trust to be administered effectively.\n",{"question":435,"answer":436},"Can a declaration of trust be revoked or amended?","Whether a declaration of trust can be revoked depends on its terms and the type of trust created. A bare trust in which the beneficiary has an absolute and unconditional entitlement can generally be terminated at any time by the beneficiary calling for legal title. A discretionary trust with multiple beneficiaries may only be amended or revoked with the consent of all beneficiaries and, in some jurisdictions, court approval. The declaration itself should specify clearly whether and how it can be amended.\n",{"question":438,"answer":439},"Do I need a lawyer to create a declaration of trust?","For straightforward bare trust arrangements over a single asset with a clear beneficial owner, a well-drafted template is often sufficient. However, legal advice is strongly recommended when the trust involves real estate with a mortgage, multiple beneficiaries with unequal shares, significant tax exposure, or cross-border elements. The cost of a lawyer reviewing or drafting a declaration of trust typically ranges from $500 to $2,000 depending on complexity — a modest sum relative to the asset values typically involved.\n",[441,445,449,453],{"industry":442,"icon_asset_id":443,"specifics":444},"Real estate and property","industry-real-estate","Documenting beneficial ownership splits between co-investors or partners holding title in one name, and recording unequal contribution percentages for tax and succession purposes.",{"industry":446,"icon_asset_id":447,"specifics":448},"Financial services and investment","industry-fintech","Nominee shareholder arrangements where a trustee holds shares on behalf of a beneficial owner for regulatory, privacy, or corporate structuring purposes.",{"industry":450,"icon_asset_id":451,"specifics":452},"Professional services","industry-professional-services","Law firms and accounting practices using declarations to document client nominee arrangements and ensure compliance with beneficial ownership reporting obligations.",{"industry":454,"icon_asset_id":455,"specifics":456},"Family offices and wealth management","industry-family-office","Multigenerational asset holding structures where trustees hold investment portfolios or property on trust for minor beneficiaries pending a vesting age.",[458,461,465,469],{"vs":256,"vs_template_id":459,"summary":460},"revocable-living-trust-agreement-D13601","A revocable living trust is a comprehensive estate planning vehicle that transfers assets into a trust the settlor can amend or revoke during their lifetime, with designated successor trustees and beneficiaries for after death. A declaration of trust is typically narrower — it records that a trustee already holds a specific asset for a beneficiary, often without transferring assets. Use a revocable living trust for broad estate planning; use a declaration of trust to document an existing nominee or co-ownership arrangement.",{"vs":462,"vs_template_id":463,"summary":464},"Last Will and Testament","last-will-and-testament-D13579","A will takes effect only on death and distributes assets through the probate process, which is public and can be contested. A declaration of trust operates immediately and transfers beneficial ownership outside of probate, offering greater privacy and speed of administration. For assets that must pass during life or bypass probate, a declaration of trust is the appropriate instrument; for broader testamentary disposition, a will is required.",{"vs":466,"vs_template_id":467,"summary":468},"Nominee Agreement","D{NOMINEE_AGREEMENT_ID}","A nominee agreement is a bilateral contract between a nominee legal owner and a beneficial owner, typically governing the nominee's obligations in holding shares or other assets. A declaration of trust is the trustee's unilateral formal declaration of the trust relationship and is the document that creates the equitable interest in the asset. In practice, both documents are often used together — the nominee agreement governs the relationship and the declaration of trust evidences the beneficial ownership.",{"vs":126,"vs_template_id":470,"summary":471},"joint-venture-agreement-D183","A joint venture agreement governs a collaborative business relationship between two or more parties sharing risks, profits, and management of a project. A declaration of trust governs beneficial ownership of a specific asset held by one party for another. Where co-investors hold property through a single legal owner for operational simplicity, a declaration of trust records their respective beneficial interests; a joint venture agreement would govern how the investment is managed and profits are shared.",{"use_template":473,"template_plus_review":477,"custom_drafted":481},{"best_for":474,"cost":475,"time":476},"Straightforward bare trust arrangements over a single asset with one clear beneficial owner and no tax complexity","Free","30–60 minutes",{"best_for":478,"cost":479,"time":480},"Co-ownership arrangements with unequal shares, mortgaged property, or nominee shareholding in a regulated industry","$500–$1,500","2–5 days",{"best_for":482,"cost":483,"time":484},"Complex discretionary trusts, cross-border assets, significant inheritance or capital gains tax exposure, or trusts involving multiple beneficiaries and long durations","$2,000–$10,000+","1–4 weeks",[486,491,496,501],{"code":487,"name":488,"flag_asset_id":489,"note":490},"us","United States","flag-us","Trust law in the US is governed at the state level, and formalities vary significantly. Most states require a written declaration for trusts involving real property, with execution as a deed and recording in the county land registry to bind third parties. The Uniform Trust Code has been adopted in over 35 states, providing a baseline framework. California, Florida, and New York each have material statutory variations, particularly around revocability, trustee duties, and beneficiary notice requirements. The perpetuity period is typically 21 years after the death of a measuring life, though many states have enacted dynasty trust legislation extending this period.",{"code":492,"name":493,"flag_asset_id":494,"note":495},"ca","Canada","flag-ca","Trust law in Canada is primarily governed by common law and provincial legislation, with Ontario, British Columbia, and Alberta each having Trust Beneficiaries' Rights Acts or equivalent statutes. A declaration of trust over real property must comply with provincial land transfer and registration requirements — in Ontario, for example, a beneficial interest transfer may trigger land transfer tax even without a change in legal title. Quebec is a civil law jurisdiction where the trust (fiducie) is governed by the Civil Code of Quebec, with materially different formation and administration rules. Federal beneficial ownership reporting obligations under the Income Tax Act apply to trustees holding property for non-resident beneficiaries.",{"code":497,"name":498,"flag_asset_id":499,"note":500},"uk","United Kingdom","flag-uk","In England and Wales, a declaration of trust over land must be evidenced in signed writing under section 53(1)(b) of the Law of Property Act 1925, and should be executed as a deed for maximum enforceability. SDLT (Stamp Duty Land Tax) implications should be assessed when beneficial ownership changes, even without a legal title transfer. Scotland operates under Scots law, where trust formation and the requirements for constitution differ from English law — separate Scottish advice is recommended. The Trust Registration Service (TRS) operated by HMRC requires most express trusts to be registered, including bare trusts in most circumstances, with penalties for non-compliance.",{"code":502,"name":503,"flag_asset_id":504,"note":505},"eu","European Union","flag-eu","Most EU member states are civil law jurisdictions and do not have a native trust concept equivalent to the common-law trust. Declarations of trust from common-law jurisdictions may be recognized under private international law in some member states but treated as contractual arrangements rather than proprietary interests. The EU's 5th Anti-Money Laundering Directive requires member states to maintain central registers of beneficial ownership for trusts generating tax consequences in the EU, and trustees may be required to register even if the trust was constituted in a non-EU jurisdiction. Professional legal advice in the specific member state is essential before relying on a common-law declaration of trust structure for assets located in the EU.",[507,508,509,510,511,512,513,514,515,508,516,517],"voting-trust-agreement-D926","last-will-and-testament---married-with-children-D12557","general-power-of-attorney-D1037","joint-venture-agreement-D889","non-disclosure-agreement-nda-D12692","adhesion-to-the-unanimous-shareholder-agreement-D848","property-management-agreement-D1196","gift-deed-D13517","assignment-agreement-D12542","amendment-agreement-D13872","pre-incorporation-designation-of-directors-D1014",{"emit_how_to":201,"emit_defined_term":201},{"primary_folder":118,"secondary_folder":520,"document_type":521,"industry":522,"business_stage":523,"tags":524,"confidence":530},"personal-and-estate-legal","agreement","general","all-stages",[525,526,527,528,529],"legal","trust","declaration-of-trust","estate-planning","asset-protection",0.92,"\u003Ch2>What is a Declaration of Trust?\u003C/h2>\n\u003Cp>A \u003Cstrong>Declaration of Trust\u003C/strong> is a formal legal document in which the person holding legal title to an asset — the trustee — declares that they hold that asset not for their own benefit but exclusively for a named beneficiary. It creates a binding separation between legal ownership, which remains with the trustee, and beneficial ownership, which vests in the beneficiary. The settlor and trustee may be the same person in a self-declaration structure, or the declaration may be made by a nominee who holds title on behalf of a third party. Declarations of trust are used across estate planning, real estate co-ownership, nominee shareholding arrangements, and family wealth structures to document and enforce the true economic ownership of an asset.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a declaration of trust, a beneficial owner has no written evidence of their interest in an asset held in another person's name — leaving them exposed to the trustee's creditors, the trustee's estate on death, and the trustee's unilateral decisions about the asset. In real estate, a beneficial owner with no written declaration may find their interest defeated entirely if the trustee sells or mortgages the property to a third party without notice of the arrangement. In corporate structures, undocumented nominee shareholding creates regulatory risk and complicates beneficial ownership reporting to tax authorities. A properly executed declaration of trust fixes the beneficiary's interest in writing, establishes the trustee's duties and indemnity obligations, and provides the paper trail required for tax compliance, probate, and dispute resolution. This template gives you a professionally structured starting point that covers every material clause — from the property description to the termination mechanism — so you can establish the arrangement correctly from the outset.\u003C/p>\n",1778773601314]