A Simple Declaration of Trust is a fundamental legal document used in Hong Kong to formally establish a trust arrangement. It is typically used when individuals or entities want to create a clear separation between legal and beneficial ownership of assets, whether for family succession planning, asset protection, or other legitimate purposes. The document must comply with Hong Kong's trust laws, particularly the Trustee Ordinance (Cap. 29) and related legislation. It contains essential information about the trust property, the parties involved, the terms of the trust, and the powers and duties of the trustees. This type of document is commonly used in private wealth management, real estate holdings, and family arrangements, providing a clear framework for the trust relationship while ensuring compliance with Hong Kong's legal requirements.
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1. Parties: Identifies the Settlor(s) and Trustee(s) with their full names and addresses
2. Background: Sets out the context and intention to create the trust
3. Definitions: Defines key terms used throughout the document
4. Declaration of Trust: The formal declaration creating the trust and transferring legal ownership to the trustees
5. Trust Property: Describes the assets being placed in trust
6. Beneficiaries: Identifies the beneficiaries and their respective interests in the trust
7. Powers of Trustees: Details the powers granted to trustees in managing the trust
8. Duties of Trustees: Outlines the responsibilities and obligations of the trustees
9. Trust Period: Specifies the duration of the trust
10. Governing Law: Confirms Hong Kong law as the governing law of the trust
11. Execution: Signature blocks for all parties
1. Protector Provisions: Include when a protector is appointed to oversee certain aspects of the trust administration
2. Distribution Provisions: Include when specific rules for distribution of income or capital are required
3. Investment Powers: Include when specific investment guidelines or restrictions are needed
4. Remuneration of Trustees: Include when trustees are to be compensated for their services
5. Variation Powers: Include when specific powers to vary the trust terms are required
6. Appointment and Removal of Trustees: Include when specific procedures for changing trustees are needed
7. Letter of Wishes: Include when the settlor wishes to provide non-binding guidance to the trustees
1. Schedule 1 - Trust Property: Detailed inventory and description of the initial trust assets
2. Schedule 2 - Beneficiaries: Full details of beneficiaries including names, addresses, and their respective interests
3. Schedule 3 - Investment Guidelines: Specific investment parameters and restrictions if applicable
4. Schedule 4 - Trustee Powers: Comprehensive list of specific powers granted to trustees
5. Appendix A - Letter of Wishes: Non-binding memorandum from settlor providing guidance on trust administration
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