Thursday, December 3, 2009

Example Express Irrevocable Living Trust

DECLARATION OF TRUST

This declaration of trust made on August 12, 2008, by John Q. Public, city of Fort Collins, county of Larimer, State of Colorado hereinafter referred to as settlor.

Section One
Declaration of Trust

I, John Q. Public, as settlor, have assigned Acme Bank and Trust as trustee and I hereby declare that they hold in trust the securities in the amount of $1,000,000 given to the trustee by the me from the my stock in General Motors, and that Acme Bank and Trust will hold such securities, and all substitutions and additions, as the trust estate, for the use and benefit of my twins Bob and Sue Public hereinafter referred to as beneficiaries.

Section Two
Purpose of Trust

The trustee shall receive and collect the income, profits, interest, and dividends from the trust estate and, after first deducting all taxes, and other charges, shall pay the income to the beneficiaries for the amount of college tuition at an institution of their choice, or when the beneficiaries turn twenty-five years of age. At the age of twenty-five the beneficiaries will receive income from the trust annually for the rest of their natural lives.

Section Three
Termination of Trust

The trust will be an irrevocable trust and upon the creation of said trust shall be irrevocable and shall not be subject to amendment or modification. The trust will terminate either when funds run out or at the death of both beneficiaries with the remainder of the trust going to the AIDS Awareness Program charity.

Section Four
Disposition of Income and Principal

After paying the necessary expenses incurred in the management and investment of the trust estate, including compensation of trustee for its own services, the trustee will pay the net income of the trust and distribute the principal of the trust to the beneficiaries equally, in the amount of $9,000 a year annually based on their estimated years left of life.


Section Five
Perpetuities Savings Provision

The remainder of the trust at the death of both beneficiaries will go to AIDS Awareness charity. It will not go to the children of the beneficiaries or the beneficiaries children’s children. If it did so the trust would be void if any income of the trust went to anyone born after twenty-one years after the death of all currently living beneficiaries.

Section Six
Powers of Trustee

Trustee shall have the power to do all acts, institute all proceedings, and exercise all rights, powers, and privileges that an absolute owner of the trust property would have, subject always to the discharge of trustee’s fiduciary obligations.

In witness, I have executed this declaration of trust on the 12th day of August, 2008, above written.

_______________________
Signature of Settlor

_______________________
Signature of Witness

No comments:

Post a Comment