The Trust Declaration Form serves as the foundational document for establishing trust arrangements within the Dutch legal framework. This document is essential when individuals or entities wish to create a trust structure for asset management, estate planning, or wealth preservation purposes. While the Netherlands operates under civil law and doesn't have domestic trust law, it recognizes trusts through the Hague Trust Convention and the Trust Recognition Act. The declaration must carefully detail the trust's structure, governance, and administration while ensuring compliance with Dutch regulatory requirements, including UBO registration and anti-money laundering provisions. It's particularly important in international wealth planning scenarios and must address both the civil law context of the Netherlands and the common law origins of trust arrangements.
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1. Parties: Identification of the Settlor(s), Trustee(s), and named Beneficiaries
2. Background: Context of the trust creation and the intention of the settlor
3. Definitions: Defined terms used throughout the declaration, including specific Dutch legal terminology
4. Declaration of Trust: Formal statement creating the trust and transferring assets
5. Trust Property: Detailed description of assets being placed in trust
6. Trust Terms: Duration, purpose, and fundamental rules governing the trust
7. Trustee Powers and Duties: Comprehensive list of trustees' authorities and responsibilities
8. Beneficiary Rights: Rights and entitlements of beneficiaries under the trust
9. Distribution Rules: Rules and conditions for distributing trust assets and income
10. Administrative Provisions: Procedures for trust administration and decision-making
11. Governing Law and Jurisdiction: Specification of Dutch law application and jurisdictional matters
1. Protector Provisions: Required if a trust protector is appointed to oversee trustee actions
2. Investment Guidelines: Include when specific investment restrictions or guidelines are needed
3. Tax Provisions: Specific tax-related clauses when tax efficiency is a key consideration
4. Successor Trustees: Rules for appointment of replacement trustees if not covered in main trustee provisions
5. Letter of Wishes: Non-binding guidance from settlor to trustees about trust administration
6. Variation Provisions: Powers and procedures to modify trust terms if flexibility is required
7. Arbitration Clause: Include when parties prefer alternative dispute resolution
8. UBO Registration Provisions: Specific provisions regarding Ultimate Beneficial Owner registration requirements
1. Schedule 1 - Initial Trust Property: Detailed inventory of assets initially settled into the trust
2. Schedule 2 - Beneficiary Information: Complete details of all beneficiaries including contact information
3. Schedule 3 - Trustee Remuneration: Details of trustee fees and payment arrangements
4. Schedule 4 - Investment Powers: Specific investment powers and restrictions
5. Appendix A - Deed of Addition: Template for adding future assets to the trust
6. Appendix B - Acceptance of Trusteeship: Formal acceptance document for trustees
7. Appendix C - UBO Registration Details: Information required for UBO register compliance
8. Appendix D - Tax Residency Declarations: Tax residency information for relevant parties
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