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A Declaration of Trust creates a legal arrangement where someone holds and manages property or assets for the benefit of others under Belgian civil law. It formally documents how a trustee will handle specific assets, establishing clear rules and responsibilities for protecting the beneficiaries' interests.

While Belgium doesn't recognize trusts in the same way as common law countries, these declarations play a vital role in international business dealings and asset management. They help Belgian companies and individuals participate in trust structures based in other jurisdictions, particularly when handling cross-border investments or family wealth planning. The document must comply with Belgian private international law and relevant EU regulations.

Consider using a Declaration of Trust when managing assets for international family members or structuring cross-border investments in Belgium. This arrangement proves especially valuable for Belgian residents holding property or financial interests in common law countries, where trust structures are more prevalent.

The declaration becomes essential during estate planning, joint property purchases, or when Belgian companies need to participate in international trust arrangements. It offers clarity in situations involving multiple stakeholders, such as family businesses expanding abroad or foreign investors acquiring Belgian assets. Having this document in place helps navigate both Belgian civil law requirements and international trust regulations effectively.

• Bare Trust Declaration: Establishes a simple holding arrangement where the trustee has minimal active duties beyond safeguarding assets
• Investment Trust Declaration: Outlines specific terms for managing financial investments or securities across Belgian and international markets
• Property Trust Declaration: Details arrangements for real estate holdings, particularly useful in cross-border situations
• Family Trust Declaration: Structures asset management for family wealth preservation while respecting Belgian inheritance laws
• Corporate Trust Declaration: Facilitates business arrangements where Belgian companies interact with trust structures in other jurisdictions

• Trustees: Legal professionals or financial institutions who manage assets and execute the Declaration of Trust's terms while following Belgian financial regulations
• Beneficiaries: Individuals or entities who receive the benefits of the trust assets, often family members or business partners
• Legal Advisors: Belgian lawyers who draft and review declarations to ensure compliance with both local and international trust laws
• Financial Institutions: Banks and investment firms that facilitate trust arrangements and handle associated transactions
• Notaries: Belgian notaries who authenticate declarations and ensure proper documentation for cross-border trust structures

• Asset Details: Gather complete information about the property or assets being held in trust, including valuations and ownership documents
• Party Information: Collect identification details and roles of all trustees, beneficiaries, and other stakeholders
• Trust Terms: Define specific duties, powers, and limitations of trustees under Belgian law
• Distribution Rules: Outline how and when benefits will be distributed, considering Belgian tax implications
• Legal Compliance: Ensure alignment with Belgian private international law and EU regulations on cross-border trusts
• Documentation: Prepare supporting evidence of asset ownership and any relevant cross-border arrangements

• Trust Purpose: Clear statement of intent and scope of the trust arrangement under Belgian law
• Party Identification: Full legal names, addresses, and roles of trustees and beneficiaries
• Asset Description: Detailed inventory of trust property with precise identification and valuation
• Trustee Powers: Specific authorities granted under Belgian private international law
• Distribution Terms: Rules governing how and when benefits are allocated
• Duration Clause: Clear timeframe or conditions for trust termination
• Governing Law: Express choice of applicable law and jurisdiction
• Execution Block: Date, signatures, and notarial authentication requirements

A Declaration of Trust differs significantly from a Trust Agreement in several key aspects, though both documents deal with asset management. While a Declaration of Trust is typically a unilateral statement by a trustee acknowledging their role and responsibilities, a Trust Agreement represents a mutual arrangement between multiple parties.

• Legal Structure: Declaration of Trust formally documents an existing arrangement, while Trust Agreements create new legal relationships between parties
• Execution Requirements: Declarations often need only the trustee's signature, while Trust Agreements require all parties' signatures
• Flexibility: Declarations are more adaptable for simple holding arrangements, whereas Trust Agreements typically govern more complex, long-term arrangements
• Asset Transfer: Trust Agreements usually include the initial transfer of assets, while Declarations often confirm existing arrangements
• Modification Process: Trust Agreements require all parties' consent for changes, but Declarations may be modified more easily by the trustee