Trust documents
A declaration setting out a trust: what goes in, who benefits, and what the trustee may do.
Set up a trust and the terms it's managed on.
- Personal / Legal document
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- The lawyer prepares the document for you
Key features
Name and property
A name for the trust and a list at the end of what is put in, brought up to date and initialled whenever property is added or removed.
Whether it can be changed
A blank for whether the person creating it may change or end it.
Who benefits and how
A table of beneficiaries with a share or basis, and a section on how income and capital are paid or accumulated.
The trustee's powers and limits
Powers to hold, invest, sell, lease and manage, with a blank for what the trustee may not do or needs consent for.
Successor trustees and young beneficiaries
Who takes over, how a trustee is removed, and how a share for a minor or someone unable to manage it is held.
About this document
A declaration of trust records that one person has set up a trust and that a trustee holds property for the benefit of named people. It sets out what is put in, who benefits and on what basis, what the trustee may and may not do, and what happens when the trust ends.
This blank form is a general trust document with blanks. Trust law, tax treatment and the formalities for creating one and for transferring property into it depend heavily on the state and on the kind of property, so this is a document to complete with care and, in most cases, to have a lawyer check.
Is this document right for you?
Useful when
- You want property held for someone, such as a child, rather than given outright
- You want a trustee to manage assets for others
- You want a record of a trust you are setting up
Commonly used by
- Parents and grandparents
- Families managing assets for a relative
- People setting up a simple trust
Not sure? about your situation first.
Alternatives
These are separate documents, for different jobs.
- Revocable living trustHold assets in a trust you can still change during your life.View document
- Last will and testamentSet out who inherits and who carries out your wishes.View document
- Estate-planning documentsThe documents that plan how your estate is handled.View document
- Estate-planning consultationTalk through your estate plans with a lawyer.View document
When to use this
- Holding savings for a young beneficiary until an age you choose
- Naming a successor to manage family property
- Setting out who receives what when the trust ends
What happens next
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More in Wills & Estate
- Last will and testamentSet out who inherits and who carries out your wishes.View document
- CodicilChange part of an existing will without rewriting it.View document
- Pour-over willA will that passes whatever is left into your trust.View document
- Just-in-case instructionsLeave clear instructions for whoever would need to step in.View document
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Questions
About the trust documents
Not necessarily. How a transfer is completed depends on the kind of property, such as land, accounts or vehicles, and on the state. Ask a lawyer how to transfer each asset.
Still have a question? .