Virginia Declaration of Trust

State:
Multi-State
Control #:
US-CC-11-291F
Format:
Word; 
Rich Text
Instant download

Description

This is a Declaration of Trust, to be used across the United States. It is used for the creation of a Real Estate Investment Trust under the laws of Maryland.
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FAQ

A trust agreement is an estate planning document that allows you to transfer ownership of your assets to a third party. In this case, your legal role is ?trustor,? while the other party's role is ?trustee.?

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A certification of trust shall state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

Alternatives to using a deed of trust Alternatively, if there are four or fewer beneficial owners then you could use an agreement under hand (a normal agreement that does not have to be witnessed) called a tenants in common agreement. As far as ownership is concerned, this has the same effect as a declaration of trust.

A deed of trust is a method of securing a real estate transaction that includes three parties: a lender, a borrower and an independent third-party trustee.

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.

Anyone can make a trust in Virginia as long as they follow the requirements as listed in the statute. The settlor must have the proper mental capacity and must intend to create the trust. Furthermore, the settlor must name a beneficiary for the trust and a trustee to manage it.

The document or statement also contains details of the trust's purpose, its beneficiaries, and how it will be managed by the trustee. The declaration of trust is sometimes referred to as a nominee declaration.

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Virginia Declaration of Trust