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Joint Revocable Trust Agreement Template for England and Wales

A Joint Revocable Trust Agreement under England and Wales law is a legal instrument allowing two settlors, typically spouses or partners, to create a combined trust that can be modified or revoked during their lifetimes. The trust enables efficient asset management, potential tax benefits, and streamlined estate administration while avoiding probate. It operates under the jurisdiction of England and Wales, governed primarily by the Trustee Acts of 1925 and 2000, incorporating both statutory requirements and common law principles.

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What is a Joint Revocable Trust Agreement?

The Joint Revocable Trust Agreement is primarily utilized when two individuals, often married couples or life partners, wish to create a unified trust structure for their combined assets while maintaining flexibility and control during their lifetimes. This document, governed by England and Wales law, establishes the trust's terms, beneficiary rights, trustee powers, and distribution provisions. It serves as a comprehensive estate planning tool, particularly valuable for those with substantial assets or complex family situations. The agreement typically includes provisions for asset management, succession planning, and potential tax efficiency, while ensuring compliance with UK trust law and registration requirements.

What sections should be included in a Joint Revocable Trust Agreement?

1. Parties: Identifies settlors, trustees, and beneficiaries with their full legal names and addresses

2. Background: Explains purpose of the trust creation, context, and general intentions of the settlors

3. Definitions: Defines key terms used throughout the agreement including Trust Property, Beneficiaries, Distribution Date, etc.

4. Trust Creation: Establishes the trust, declares the transfer of initial property, and states trust purpose and duration

5. Trustee Powers: Comprehensive list of powers granted to trustees including investment, distribution, and administration powers

6. Distribution Provisions: Details how and when trust assets are to be distributed among beneficiaries

7. Amendment and Revocation: Procedures for modifying or revoking the trust, including required formalities

8. Administrative Provisions: General provisions for trust administration, record-keeping, and reporting requirements

9. Governing Law: Specifies England and Wales as governing law and jurisdiction

What sections are optional to include in a Joint Revocable Trust Agreement?

1. Successor Trustees: Appointment process and procedures for replacement trustees when original trustees cannot serve

2. Trust Protector Provisions: Establishes role of trust protector for additional oversight, if desired

3. Spendthrift Provisions: Protective provisions preventing beneficiaries from alienating their interests and protecting against creditors

4. Tax Planning Provisions: Specific provisions designed to optimize tax treatment of trust assets and distributions

5. Digital Assets: Provisions for handling digital assets and online accounts held in trust

What schedules should be included in a Joint Revocable Trust Agreement?

1. Schedule 1 - Initial Trust Property: Detailed inventory of assets initially transferred to the trust

2. Schedule 2 - Named Beneficiaries: List of beneficiaries with their respective interests and entitlements

3. Schedule 3 - Investment Guidelines: Investment parameters and restrictions for trustees

4. Schedule 4 - Trustee Remuneration: Details of any agreed compensation for trustees' services

5. Appendix A - Trust Registration Requirements: Checklist and requirements for registration with Trust Registration Service

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

黑料视频

Document Type

Trust Agreement

Cost

Free to use

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