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Practical Trust Precedents
Disk version is a set of Word documents. It does not include introductions and commentaries. Complete Index as at Release 30 — March 2011A: Trusts for ChildrenAbsolute trusts A1A Bare trust for a single beneficiary - amended A1B Bare trust for multiple beneficiaries - amended A2A Contingent trusts — capital and income at [25] - amended A2B Contingent trusts — engrafted interests in possession - amended A3 Maintenance and education trust - amended A4 Trust for provision of home during childhood on separation of parents - amended B: Non-Interest in Possession SettlementsB1 Discretionary settlement - amended B2 Discretionary settlement with separate sub-funds - amended B3 Employee trusts B3A Employee trust - amended B3B Employee share ownership trust - amended B4A Settlement for disabled person complying with IHTA 1984, s 89 - amended B4B Settlement for disabled person complying with IHTA 1984, s 89 and vulnerable beneficiary regime - amended B4C Settlement by person expecting to become disabled complying with IHTA 1984, s 89A - amended B5 Marriage/civil partnership settlement - amended C: Interest in Possession SettlementsLife interest settlements C1A1 Life interest settlement with overriding power exercisable at any stage and fixed trusts of capital in default appointment - amended C1A2 Life interest settlement with overriding power exercisable when life tenant has an interest in possession - amended C1A3 Life interest settlement with overriding power exercisable at any stage and discretionary trusts in default of appointment - amended C1B1 Life interest settlement with no overriding power - amended C1B2 Life interest settlement with discretionary trust remainders and no overriding power of appointment - amended C1C1 Protective trust with no overriding power - amended C1C2 Protective trust with overriding power of appointment - amended C1D Life interest settlement with general power of appointment - amended C1E Parallel life interest settlement - amended C1F Joint life interest settlement with overriding power of appointment - amended C2 Life interest settlement for disabled person complying with IHTA 1984, s 89B(1)(d) (settlor who will become disabled) - amended Marriage settlements C3A Marriage/civil partnership settlement by the parties - amended C3B Marriage/civil partnership settlement by parents - amended C3C Deed of covenant in consideration of marriage Bare trusts C4A Declaration of trust with indemnity (non-land) C4B1 Gift (non land) by way of declaration of trust — single donee - amended C4B2 Gift (non-land) by way of declaration of trust — multiple donees D: Insurance TrustsD1 Life policy request D2A Pension death benefit trust (single policy) - amended D2B Pension death benefit trust (multiple policies) - amended D3 Declaration of trust with power of appointment - amended D4 Life policy settlement D5 Declaration of trust over endowment policy with reverter to grantee - amended D6 Declaration of trust over life policy with critical illness benefit/accident cover - amended E: Subsidiary DocumentsDeeds of release E1A Release of life interest E1B Release of powers E1C Deed of disclaimer Deeds of appointment E2A Absolute appointment E2B1 Life interest appointment with remainder over - amended E2B2 Appointment terminating life interest and creating new life interest with remainder over - amended E2B3 Appointment terminating life interest and creating new parallel life interests with remainders over - amended E2C1 Appointment by life tenant of reversionary income interest to surviving spouse/civil partner - amended E2C2 Appointment by life tenant of reversionary income interest to surviving spouse/civil partner (period terminable by trustees) - amended E2C3 Appointment by trustees of reversionary income interest to surviving spouse/civil partner E2D Appointment of an unequal share E2E Acceleration of life interest E2F1 Appointment to a separate settlement out of discretionary settlement E2F2 Appointment to a separate settlement terminating life interest E2G Appointment on existing trusts of settlement for a narrower class of beneficiaries (optional provisions excluding settlor and spouse/civil partner [and minor children] from all benefit) E2H Appointment amending the beneficial class and adding requirement for protector’s consent - amended E2I Revocation of existing appointment with new absolute appointment E2J Revocation of existing appointment (no new appointment) E2K Contingent appointment for minors enabling accumulation of income - amended E2L Appointment creating discretionary trusts - amended Powers of advancement (and transfer) E3A Absolute advance where property will be transferred immediately E3B1 Absolute advance where legal title will be retained by the trustees E3B2 Absolute advance where legal title will be retained by the trustees on bare trusts for a minor beneficiary E3C1 Advance to separate settlement E3C2 Advance to separate settlement — different sub-funds - amended E3D1 Advance by way of variation of existing settlement - amended E3D2 Deed of advancement creating a transitional serial interest for surviving spouse/civil partner - amended E3E Advance to accelerate vesting date E3F Deed of advancement terminating trust E3G Deed of transfer to separate settlement Partition and variation E4 Deed of partition Assignment E5A1 Assignment of life interest E5A2 Notice of assignment E5B Assignment of reversionary interest - amended E5C1 Assignment of life policy E5C2 Notice of assignment of life policy Covenants E6A Appropriation to an absolute share E6B Appropriation to a fund Appointment of trustees E7A1 Appointment of additional trustees to act with existing trustees E7A2 Appointment by appointor of additional trustee to act with existing trustees E7A3 Appointment by attorney/trustee of additional trustee to permit dealing in land E7A4 Appointment by attorney of additional trustee to act with attorney in relation to land E7B1 Appointment of new trustees with simultaneous retirement E7B2 Appointment by appointor of new trustees with simultaneous retirement E7B3 Appointment of new trustees with simultaneous retirement-fewer trustees appointed than retiring E7B4 Appointment by appointor of new trustees with simultaneous retirement-fewer trustees appointed than retiring E7C1 Appointment of new trustee with retirement and continuation E7C2 Appointment by appointor of new trustee with retirement and continuation E7C3 Appointment of new trustees with retirement and continuation-fewer trustees appointed than retiring E7C4 Appointment by appointor of new trustees with retirement and continuation-fewer trustees appointed than retiring E7D1 Retirement with no new appointment E7D2 Retirement with no new appointment (consent of appointor) E7E1 Appointment by appointor of new trustees of separate fund E7E2 Appointment of new trustees of more than one separate fund E7F Removal by appointor of trustees and replacement E7G Appointment of additional trustees of insurance policy trust E7H Appointment of new trustees by executors of last surviving trustee E7I Appointment of custodian trustee E7J Appointment of new custodian trustee with simultaneous retirement E7K Appointment by protector of alternate trustees - amended E7L Appointment by protector of new protector with simultaneous retirement E7M Revocable nomination of successor protector E7N Direction by beneficiaries to trustees under TLATA 1996 s19 E7O Directions by beneficiaries to trustees under TLATA 1996 s20 E7P Withdrawal of direction by beneficiaries to trustees under TLATA s19 and 20 E7Q Retirement following direction by beneficiary under TLATA S19(2)(a) E7R Appointment following direction by beneficiary under TLATA S19(2)(b) E7S Retirement and appointment following direction under TLATA 1996, s19 E7T Retirement, appointment/continuation following direction by beneficiary - amended E7U Appointment following direction by beneficiary under TLATA 1996 s20 E7V Appointment with simultaneous retirement and simple indemnity - new Disentailing Deeds E8A Disentail creating absolute reversion E8B Disentail enlarging on interest in possession Deeds exercising specific powers E9A Deed of addition of beneficiary - amended E9B Deed of exclusion of beneficiary E9C Alteration of trust period E9D Exclusion of Trusts of Land and Appointment of Trustees Act 1996, ss19-20 E9E Application of TLATA 1996, s11 E9F Nomination of person to add Discretionary Beneficiaries - amended E9G Application of the Perpetuities and Accumulations Act 2009, s 12(2) and alteration of the Trust Period Enlargement of powers E10A Enlargement by trustees E10B Enlargement by trustees in exercise of power of appointment E10C Enlargement by beneficiaries Indemnity E11A Indemnity on distribution E11B1 Indemnity for breach of trust E11B2 Indemnity in connection with reimbursement of tax paid by settlor of offshore trust E11C1 Indemnity on change of trustees E11C2 Indemnity and release of covenant on appointment of new trustees E11C3 Indemnity and release of covenant on transfer of funds to beneficiary Trustee powers of attorney and delegation E12A1 Trustee power of attorney under Trustee Act 1925, s 25 E12A2 Trustee power of attorney in the form set out in Trustee Act 1925, s 25(6) E12B Notice of grant of trustee power of attorney under Trustee Act 1925, s 25 E12C Revocation of trustee power under Trustee Act 1925, s 25 E12D Policy statement under Trustee Act 2000, s 15 E12E Power of attorney under Powers of Attorney Act 1971, s 10 by beneficial owner of land E12F1 Statement by donee of a power granted by beneficial owner of land to be included in form of transfer or other deed dealing with land E12F2 Attestation clause for transfer or other deed dealing with land E12F3 Separate declaration if appropriate statement not included in transfer or other deed dealing with land E12G Revocation of enduring power of attorney E12H Power of attorney under the Trusts of Land and Appointment of Trustees Act 1996, s 9 E12I Revocation of power of attorney granted under the Trusts of Land and Appointment of Trustees Act 1996, s 9 E12J Nominee custody agreement - amended E12K Irrevocable power of attorney given by way of security E12L Deed of delegation made in exercise of express power in trust deed Addition/nomination E13A Memorandum of addition E13B Letter of addition E13C Nomination of death benefit E13D Letter of wishes Declarations of trust/joint settlors E14A Settlement — joint settlors — third party trustees - amended E14B Declaration of trust — third party trustees - amended E14C Declaration of trust — trustees are joint settlors - amended Additional clauses E15A Power to appoint trustees exceeding four in number E15B1a Power of appointment [and removal] of trustees (by appointors) — simple version E15B1b Appointment and removal of trustees (by Appointor) — extended version - amended E15B2 Power of appointment of new trustees-specified appointors for trustees E15B3 Appointment of individual (senior) trustee - amended E15C Power of removal and appointment of trustees E15D Restriction on trustees' powers E15E Power to appoint alternate trustees?alternative form E15F Exclusion of Trusts of Land and Appointment of Trustees Act 1996, ss 19-20 E15G Exclusion of Trusts of Land and Appointment of Trustees Act 1996 s 11 E15H Power for trustees to act by majority E15I Power to add beneficiaries - amended E15J1 Definition of children and issue E15J2 Definition of children and issue — recognition of illegitimate children by natural parent E15k Retention or sale of trust fund (sale subject to consent in relation to specified property) Documents relating to land E16A Use of property E16B1 Licence to occupy trust property (freehold) - amended E16b2 Licence to occupy trust property (leasehold) - new E16C1 Declaration of trust by beneficial owners — standard form - amended E16C2 Declaration of trust by beneficial owners — adjustments for contributions to mortgage and improvements E16C3 Declaration of trust confirming beneficial ownership as between trustees and beneficiary and setting out terms of occupation E16D Declaration of trust relating to land with indemnity E16E Bare trust of land with management powers E16F1 Gift of land by way of declaration of trust — single donee E16F2 Gift of land by way of declaration of trust — multiple donees E16G Exercise of trustees’ powers in relation to a beneficiary’s right of occupation under Trusts of Land and Appointment of Trustees Act 1996, s 13 E16H Notice of severance of joint tenancy (equal shares) Trustees’ resolutions E17A1 Distribution of income (amount specified) E17A2 Distribution of income (amount undistributed as at specified date) E17B Loan E18 Purchase price adjustment clause Specimen letters, explanatory notes and trust summaries E19A1 Explanatory notes for administrative powers (long form) - amended E19A2 Explanatory notes for administrative powers (short form) - amended E19B Draft letter to accompany settlement in form of Precedent A2a - amended E19C Draft letter to accompany settlement in form of Precedent A2b - amended E19D1 Draft letter to accompany settlement in form of Precedent B1 - amended E19D2 Trust summary for use with settlement in form of Precedent B1 - amended E19E1 Draft letter to accompany settlement in form of Precedent C1a1 - amended E19E2 Trust summary for use with settlement in form of Precedent C1a1 - amended E19f1 Draft letter to accompany settlement in form of Precedent D4 - amended E19f2 Trust summary for use with settlement in form of Precedent D4 - amended E20 Trust checklist Alternative execution clauses E21A Form of execution where a document is executed at direction of an individual party to it E21B Form of execution where document executed by a person incapable of reading E21C Form of execution where document executed by attorney on behalf of an individual E21D Form of execution where document is executed by a company E21E Clause for insertion in document dealing with execution in counterpart - amended E21F Execution in duplicate -new E22 Instructions for executing a deed F: Public SettlementsCharitable trust F1A1 General charitable trust - amended F1A2 General charitable trust with powers reserved to founder F1A3 General charitable appeal trust F1B Specific charitable objects F1C1 General charitable trust administrative powers - amended F1C2 Addtional administrative powers for use with charitable appeal trust F1C3 Further charitable trust administrative powers F2 The Friends of the [________] Constitution F3A Memorandum recording change of trustees of charitable trust F3B Small charity’s transfer of property F3C Small charity’s modification of its purposes F3D Unincorporated charity’s modification of its powers and procedures F3E Charity’s power to spend capital F3F Authority to execute documents on behalf of charity trustees F4A HMRC Model Gift Aid Declaration - amended F4B Declaration of intent to give F5 Maintenance fund trust - amended G: Foreign LawG1 Jersey discretionary settlement - amended G2A Appointment of alternate trustees and change of trustees on happening of emergency event - amended G2B Variation of terms H: Administrative PowersH1 Administrative powers (long form) - amended H2 Administrative powers (short form) - amended |
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