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A trust agreement is a legal document containing, terms, conditions and provisions that allows the trustor to transfer the ownership of assets to the trustee to be held for the trustor's beneficiaries.
The most common example of when a declaration of trust is used is the situation where an adult son or daughter borrows money for a deposit on a first house from his or her parents. The parents may have a mortgage already, and the terms of that mortgage prevent them from borrowing under another.
A trust instrument is a writing declaration or agreement to allocate a settlor's property to their beneficiaries. It consists of the trust and regulates how the trust is executed. Trust instruments can be amended or revoked by the settlor at any time (but there are some exceptions, like irrevocable trusts).
1. The deed should mention the name and address of the settlor and the name and address of the trust. 2. The deed should specify the date of establishment of the trust, the purpose of the trust and the period of its duration (if any).
Ing to the term of a trust instrument, it can be defined into different types. For example: Inter Vivo trust is created when the settlor is alive. Testamentary trust is usually created through the terms of a settlor's will and goes into effect after the death of the settlor.