TRUST AGREEMENT

 

THIIS AGREEMENT made at___this ____ day of _________, ____ , by and between (Name), residing at (specify), (hereinafter called the "Grantor" which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the ONE PART and (Name), residing at (specify), (hereinafter referred to as "Trustee"which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the OTHER PART for the benefit of Grantor's grandchild (Name).

WHEREAS, the Grantor desires to provide a trust fund to be used primarily for the education and benefit of (Name).

NOW, THEREFORE, and in consideration of the covenants contained herein, Trustee agrees to hold the assets received by the Trustee hereunder IN TRUST for the following uses and purposes and subject to the terms and conditions hereinafter set forth.

FIRST: Grantor hereby transfers and delivers to the Trustee the sum of Rs___, receipt of which is hereby acknowledged by the Trustee upon the express terms and conditions and with the powers and limitations set forth. Additional cash or property may from time to time be transferred by Grantor, or by any person or persons to the Trustee with his consent and such property shall thereupon become a part of the trust estate and shall be held, managed, invested, and reinvested and disposed of on the same terms and conditions as the property originally transferred.

SECOND: The Trustee shall hold, manage, invest, and reinvest the trust estate and shall collect and receive any interest income and profits for the benefit of (Name), the grandchild of both Grantor and Trustee, upon the following terms:

A. So long as (Name) is under the age of twenty-one (21) years, the Trustee shall pay or apply so much of the income of this trust fund as the Trustee in his sole discretion deems necessary for the education and support of such beneficiary and shall accumulate the balance of such income and pay same over to (Name) when she shall attain the age of twenty-one (21) years.

B. When (Name) attains the age of twenty-one (21) years, the Trustee shall pay over to (Name) the net income from this trust fund not less often than quarter-annually for so long as this trust fund shall continue and shall, thereafter, distribute to, or expend for the education and benefit of (Name) so much of the principal of this trust fund in such amounts and manner as the Trustee, in his sole discretion, may determine.

C. When (Name) attains the age of thirty-five (35) years, the Trustee shall pay over to (Name) one-third of the principal balance of this trust fund. When (Name) attains the age of forty (40) years, the Trustee shall pay over to (Name) one-half of the principal balance of this trust fund, and when (Name) attains the age of forty-five (45) years, the Trustee shall pay over to (Name) the entire principal balance plus all accumulated income.

D. Upon the death of (Name) prior to the distribution of the entire balance of this trust fund, the Trustee shall pay over the then principal of the trust fund, together with any undistributed or accrued net income therefrom, to all sisters and brothers of (Name) then living, in equal shares, and, in default thereof, to (specify) presently located at (specify).

THIRD: The following provisions, in addition to all others, shall apply to the Trustee to the extent permitted by law:

A. The Trustee shall not be responsible for the use made by any person of any payment of income or principal which may be made to that person hereunder, and he shall not be obliged to see to the proper use or application thereof by such person.

B. In the exercise of any discretionary powers over the payment or application of income or principal under this Agreement, the judgment of the Trustee as to the amount of any payment or disbursement and as to the advisability thereof shall be final and conclusive upon all persons beneficially interested in any trust hereunder.

C. In determining the amounts of income and principal, if any, which shall be paid or disbursed pursuant to any discretionary powers given hereby, the Trustee shall not be required to take into consideration any other sources of income available to, or assets owned by or held for the benefit of, the person for whose benefit such power might be exercised, but neither shall he be barred from making any inquiries in connection therewith.

D. No person dealing with the Trustee shall be bound to see to the application or disposition of cash or other property transferred to the Trustee or to inquire into the authority for or propriety of any action by the Trustee.

E. Neither Trustee nor any Successor Trustee, whether herein named or otherwise designated or appointed, shall be required to give any bond or security in any Court or jurisdiction.

FOURTH: The Trustee may, at any time, resign as Trustee. In the event of such resignation, or in the event the Trustee dies or shall otherwise cease to act in such capacity, Grantor hereby appoints the following three persons as Successor Trustees: (Name), (Name), and (Name) or the survivors of them. The Successor Trustees shall have all of the rights, powers, privileges, and immunities granted to the Trustee hereunder.

FIFTH: The Grantor confers upon the Trustee and the alternate Trustees with respect to the management and administration of any property, real and personal, at any time forming a part of the Trust estate or any trust created hereunder, the following discretionary powers without limitation, by reason of specification and in addition to powers conferred by the Indian Trust Act and by other laws:

1. To retain such property for any period and to invest and reinvest in any securities or mutual funds or in accounts or certificates of deposit in banks or savings and loan associations

2. To sell, transfer, exchange, convert or otherwise dispose of, or grant options with respect to any property forming a part of the trust created hereunder, at public or private sale, with or without security in such manner, at such time or times, for such purposes, for such prices and upon such terms, credits and conditions as the Trustee may deem advisable.

3. To join in or become a party to, or to oppose any reorganization, readjustment, recapitalization, foreclosure, merger, voting trust, dissolution, consolidation or exchange, and to deposit any securities with any committee, depository or trustee, and to pay any and all fees, expenses, and assessments incurred in connection therewith.

4. To vote in person at meetings of stock or security holders or any adjournment of such meeting or to vote by general or limited proxy with respect to any such shares of stock or other securities held by the Trustees.

5. To hold securities in the name of a nominee without indicating the trust character of such holding, or unregistered or in such form as will pass by delivery.

6. To pay, compromise, compound, adjust, submit to arbitration, sell, or release any claims or demands of the trust estate or of any trust created hereunder against others or of others against the same as the Trustee may deem advisable, including the acceptance of deeds of real property in satisfaction of bonds and mortgages, and to make any payments in connection therewith which the Trustee may deem advisable.

7. To possess, manage, insure against loss by fire or other casualties, develop, subdivide, control, partition, mortgage, lease or otherwise deal with any and all real property; to satisfy and discharge or extend the term of any mortgage thereon; to execute the necessary instruments and covenants to effectuate the foregoing powers, including the giving or granting of options in connection therewith; to make improvements, structural and otherwise, or abandon the same if deemed to be worthless or not of sufficient value to warrant keeping or protecting, to abstain from the payment of taxes, water, rents, assessments, repairs, maintenance, and upkeep of the same; to permit to be lost by tax sale or other proceeding or to convey the same for a nominal consideration or without consideration; to set up appropriate reserves out of income for repairs, modernization and upkeep of buildings, including reserves for depreciation and obsolescence, and to add such reserves to principal, and if the income from the property itself should not suffice for such purpose, to advance out of other income any sums needed therefor, and to advance any income of the trust for the amortization of any mortgage on property held in trust.

8. To execute and deliver any and all instruments in writing which he may deem advisable to carry out any of the foregoing powers. No party to any such instrument in writing signed by the Trustee shall be obliged to inquire into its validity.

9. To make distribution of the trust estate or of the principal of any trust created hereunder in kind and to cause any share to be composed of cash, property, or undivided fractional shares in property different in kind from any other share.

10. To delegate discretionary powers to agents, remunerate them, and pay their expenses; employ and pay the compensation of accountants, custodians, legal and investment counsel at the expense of the trust estate or any trust created hereunder.

11. To hold separate parts or shares of any trust wholly or partially for the convenience of investment and administration.

SIXTH: As used in this Agreement, any gender shall be construed as including all other genders and the singular shall be construed as including the plural and the plural the singular, as the sense requires.

SEVENTH: The Trustee may settle his account of this trust fund by agreement or judicially. An agreement made with those beneficiaries who are subject to no legal disability and who at the time would be entitled to the principal if the same were then distributable, shall bind all persons whether or not then in being or of legal capacity, then or thereafter entitled to any principal or income of the trust accounted for, and shall release and discharge the Trustees for their acts and proceedings embraced in the account as effectively as a judicial settlement.

EIGHTH: The Trustee is authorized and empowered but not required, at any time and from time to time during the Grantor's lifetime or after her death, to accept by way of addition to the trust estate, any property which the Grantor or any other person may wish to transfer and deliver to the Trustee or which he or any other person may devise and bequeath by his Last Will and Testament to the Trustee and any property so added may be commingled with other property in such trust and shall be held, administered, and disposed of as part of such trust.

NINTH: The Grantor hereby declares this Agreement to be irrevocable and reserves no right to alter or amend the same in any respect or particular.

TENTH: The Grantor declares that this Agreement and each trust created hereunder shall be construed under and regulated by Indian law, and that the validity and effect of this Agreement shall be determined in accordance with the Indian laws.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

SIGNED SEALED AND DELIVERED
by the withinnamed Grantor in the presence of ___
_______________________
Name of Grantor
 
SIGNED SEALED AND DELIVERED
by the withinnamed Trustee in the presence of ___
_______________________
Name of Trustee
  _______________________
Notary Public

ABSOLUTELY NO WARRANTIES ARE MADE REGARDING THE SUITABILITY OF THESE FORMS FOR ANY PARTICULAR PURPOSE. IT IS ADVISABLE THAT IMPORTANT DOCUMENTATIONS ARE PREPARED OR VETTED BY EXPERT. LEGAL ADVICE OF ANY NATURE SHOULD BE SOUGHT FROM COMPETENT, INDEPENDENT, LEGAL EXPERT IN THE RELEVANT JURISDICTION.
 
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