Setting up your own family trust documents
When you press the links connecting to us you log in and buy a particular document for the trust you wish to create. Once you have answered all questions and submitted them the documents are valid and can be signed.
- All bank documents showing the loan change, and bank cost is usually below $ 300
- All Land Registry documents showing the title change to the trustees and the Government cost is usually below $ 1,000
Please call us for this part of the transaction. We can help you through our conveyancers at rates that will suit you.
Memorandum of Wishes
Get started on the Memorandum of wishes. It will only take you about 20 minutes.
The memorandum of wishes is much like a Last Will for the Settlor and the Trustees of the trust, and it also works during the lifetime of the Settlor.
- The Memorandum of Wishes tells how you want your trust to operate when you become incapacitated or after you die. During your lifetime and as a trustee, you have control over running the trust fund, but as you age or when you become incapacitated you may have special wishes for how the trust assets should be dealt with. You can also determine how you should be looked after in old age. It also states who should run the trust when you are not able or willing to do so.
- First of all consider all the assets owned by the trust and what you want to happen to them.
Last Will of the Settlor
Get started on your Last will. It will only take you about 20 minutes.
Why have a Will ?
Every person above the age of 20 can set up a valid will.
Your Last Will is vital to do so if you want to decide who gets your assets after you pass away. If you don’t provide for that then the State will decide and Intestacy provisions will apply. It could mean that your wishes are not followed.
In a Last will you can direct exactly what your chosen executor has to do. Your recorded directions cannot usually be disturbed by our Courts of Law unless an extraordinary situation exists. Of even greater importance for second marriages or relationships is that your Last Will can direct that your own children and not someone else’s children will benefit from your assets after your death. The Trust will enforce such decisions with strength and ensure that your directions will not be put aside.
The Acknowledgement of Debt
Get started on the Acknowledgement of Debt. It will only take you about 15 minutes.
Whether you’re a settlor transferring property to a trust, or a parent helping your child or grandchild into their first home, it’s a good idea to keep a written record of the money owed between the parties. The deed of acknowledgment of debt is most suitable for that.
Deed of Gift
Get started on the Forgiveness of Debt. It will only take you about 15 minutes.
A gift is when we give people a sum of money, and there is no expectation that it has to be repaid. Or we could just forgive an existing debt and that debt then comes to an end through our deed of gift, which formalises it.
This Deed of Gift or Forgiveness of Debt can be used at any time and is most often used in trust situations. In fact a Settlor may choose to forgive all or part of the debt owing to him or her by the Trustees.
Deed of Change of Trustees
Get started on the Deed of Change of Trustees. It will only take you about 15 minutes.
The Deed of Change of Trustees is a formal record of the personnel change of trustees due to retirement or death and whether new trustees are appointed or not to the trust. In every trust this will happen from time to time. It should record the formation of the trust and the appointment of trustees.
Please keep in mind that if the trust owns a land property or house then the Certificate of Title will also have to be changed to reflect the change of trustees, and the bank must give its approval for the change. We can help with that part of the transaction.
Power of Attorney- personal and property matter
Get started on the two types of power of attorney. Each one will only take you about 15 minutes.
These documents record the appointment of attorneys. Your attorney will act only if you as the appointor suffer from incapacity in the future or in some cases on signing of the document.
A .It is for personal matters such a health and sickness. Enduring Power of Attorney for Personal matters can only be used to appoint one person at a time but can appoint a consecutive attorney when the first one is unable or unwilling to act.
B. It is for property matters when it relates to running the trust as a trustee. Enduring Power of Attorney for Property matters does allow for two people to act and support each other at the same time.
Once the Attorney appointments have been signed and witnessed they have to be certified by a solicitor as to their correctness and validity as legal requirement.
Living Will- Advance Directive
Get started on the Living Will. It will only take 15 minutes.
You can set out your future healthcare wishes with a Living will
In other words when you are incapacitated and there is no reasonable expectation that you will live much longer without life support machines or medications.
A Living will is a legal document where you can express your wishes for your future health care treatment once you are no longer able to make decisions for yourself, and once you are nearing the end of your life.
Your recorded wish includes the ability to refuse sustenance and life-saving treatment.
Resolution to set up your trust
Get started on the Resolution. It will only take 15 minutes.
When a deed of trust is set up the trustees are appointed and assets such as a house or business shares are transferred to it. Investment portfolios may also be transferred and loans are taken out with mortgages and insurances registered against it. Trustees should record all their decisions in a resolution to set up your trust.
Resolution to run your trust
Get started on the Resolution. It should only take 15 minutes, when you have the details of your trust year’s transactions in place.
It is no longer acceptable for Settlors of the trust to put their trust documents in their bookcase and leave it there undisturbed. Prudent trustees should manage their trust affairs to have the full protection they aim for. We provide a schedule for each year to make this easier for trustees. This resolution is a good start.
As a prudent Trustee it is expected that all trustee decisions are discussed and recorded in the resolution to run the trust
Any legal information provided on this site should not be regarded as legal advice unless you have provided us with personal details and circumstances that allows us to do advise you as qualified legal professionals, who hold valid legal practising certificates.