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However, the big difference between a declaration and a trust agreement is that the declaration is not assignable. The 1993 CAPL Assignment Procedure cannot be used. Instead, when conveying land that is subject to a declaration, the assignee that is the new trustee needs to execute its own declaration.
A trust agreement is a legal document that allows the trustor to transfer the ownership of assets to the trustee to be held for the trustor's beneficiaries.
Once a declaration of trust has been executed, subsequent declarations can be issued to confirm current terms or amend the existing agreement. Depending on the jurisdiction, the declaration of trust can also be referred to as a trust agreement or a trust document.
The trust agreement is the parent document that details anything and everything regarding the trust, including its agreements. Meanwhile, the certificate of trust is used in tandem to keep nonessential information confidential.
Personal trusts are further divided into either 1) Under Declaration of Trust (U/D/T) meaning the grantor and the trustee are the same person and the grantor controls the trust assets, and 2) Trust Under Agreement (U/A) meaning the grantor and the trustee are different persons and the trustee controls the trust assets.
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 trustees will manage the property and assets on behalf of the beneficiary.