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Joint Tenancy Trust Agreement Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Joint Tenancy Trust Agreement is a specialized legal instrument used in Hong Kong when multiple parties wish to hold property interests through a trust structure while maintaining joint tenancy arrangements. This document becomes necessary when parties want to combine the benefits of trust administration with joint ownership rights, particularly the right of survivorship. It is commonly used in family property holdings, investment structures, and estate planning arrangements. The agreement must comply with Hong Kong's Trustee Ordinance, Conveyancing and Property Ordinance, and related legislation. It typically includes detailed provisions for property management, trustee powers, beneficiary rights, decision-making procedures, and succession planning. The document is particularly valuable when parties seek to establish clear governance structures for jointly held property while maintaining the flexibility and protection offered by a trust arrangement.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses































Relevant Industries

Real Estate

Property Management

Legal Services

Financial Services

Trust Services

Private Wealth Management

Corporate Services

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Trust Administration

Wealth Management

Property Management

Compliance

Corporate Services

Private Client Services

Relevant Roles

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

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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