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Joint Tenancy Trust Agreement
"Need a Joint Tenancy Trust Agreement for a family residential property in Hong Kong, where three siblings will be joint tenants and beneficiaries, with our family lawyer acting as trustee, to be effective from March 1, 2025."
1. Parties: Identifies and defines all parties to the agreement including trustees and beneficiaries
2. Background: Sets out the context and purpose of the trust arrangement and joint tenancy
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Declaration of Trust: Formal declaration establishing the trust and specifying the property held in trust
5. Nature of Joint Tenancy: Defines the joint tenancy arrangement and right of survivorship
6. Trust Property: Detailed description of the property held in trust and how it is to be held
7. Trustees' Powers and Duties: Comprehensive list of trustees' powers and responsibilities
8. Management of Property: Procedures for managing and maintaining the trust property
9. Decision Making: Process for making decisions regarding the trust property
10. Income and Expenditure: Provisions for handling income and expenses related to the property
11. Death of Joint Tenant: Procedures following death of a joint tenant and operation of survivorship
12. Termination: Circumstances and procedures for terminating the trust
13. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
1. Mortgages and Charges: Include when the property is subject to mortgages or other charges
2. Third Party Rights: Include when there are specific third party rights to be preserved or excluded
3. Property Management Company: Include when a property management company is involved in maintaining the property
4. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction
5. Insurance: Include when specific insurance requirements need to be detailed
6. Assignment and Transfer: Include when transfer of beneficial interests needs to be regulated
7. Foreign Element Provisions: Include when any party is not resident in Hong Kong
1. Property Details: Detailed description of the trust property including title particulars
2. Beneficial Interests: Schedule defining the precise shares and interests of beneficiaries
3. Initial Contributions: Details of initial financial contributions by each party
4. Management Rules: Specific rules for day-to-day management of the property
5. Authorized Signatories: List of authorized signatories for various purposes
6. Costs Schedule: Breakdown of costs sharing arrangements between parties
7. Form of Transfer/Assignment: Prescribed form for transferring or assigning interests
Authors
Real Estate
Property Management
Legal Services
Financial Services
Trust Services
Private Wealth Management
Corporate Services
Residential Property
Commercial Property
Legal
Real Estate
Trust Administration
Wealth Management
Property Management
Compliance
Corporate Services
Private Client Services
Legal Counsel
Trust Manager
Property Manager
Estate Planning Advisor
Wealth Manager
Real Estate Lawyer
Compliance Officer
Trust Administrator
Property Administrator
Corporate Trustee
Real Estate Agent
Conveyancing Manager
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