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FAQs
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How do you make a declaration of trust?
To register your interest, complete the declaration of trust panel in Form TR1 or Form JO (which allows for a declaration of trust to be made in the absence of a transfer, assent or lease) and send it to the Land Registry. -
Does a declaration of trust have to be registered with the Land Registry?
A declaration of trust is usually a statement by the legal owner of property that s/he holds the beneficial interest for someone else. ... The donor/trustee does not need to register the trust with the Land Registry, nor does the document require delivery or a witness to signatures. -
What is a Declaration of Trust Canada?
Declaration of Trust - Property. Declaration by trustee that he or she holds a real estate property in trust for someone else (the beneficiary). This agreement includes provisions regarding the transfer of the property and any proceeds to the propoerty prior to transfer. -
Do you need a declaration of trust?
A declaration of trust between assists co-owners establish who owns what and what will happen in the event that the property has to be sold. It can be even more important to draw up a Declaration of Trust when somebody has contributed towards the property but is not named on the title deeds, to protect their interest. -
Does a declaration of trust stand up in court?
As a legally binding document, the declaration of trust cannot be ignored when coming to a conclusion as to how much you should receive either on being bought out or after a sale of the property. It does not allow either of you to change your minds about how you will divide the money from the property. -
How legally binding is a declaration of trust?
A Declaration of Trust, also known as a Deed of Trust, is a legally-binding document recording the financial arrangements between joint property owners, and/or anyone else with a financial interest in the property. -
Does a declaration of trust need to be registered at the Land Registry?
A declaration of trust is usually a statement by the legal owner of property that s/he holds the beneficial interest for someone else. ... The donor/trustee does not need to register the trust with the Land Registry, nor does the document require delivery or a witness to signatures. -
Should a declaration of trust be registered?
A declaration of trust is usually a statement by the legal owner of property that s/he holds the beneficial interest for someone else. ... The donor/trustee does not need to register the trust with the Land Registry, nor does the document require delivery or a witness to signatures. -
Is it worth setting up a trust?
There are many reasons to set up a trust, including avoiding probate, providing for your family after your death, and stating exactly how, and when, your descendants receive their inheritance. But not everyone should establish a trust -- for some, a standard will is a better choice. -
How much does it cost to set up a trust?
How Much It Costs to Set Up a Trust. If a lawyer sets up your trust, it will likely cost from $1,000 to $7,000, depending upon the complexity of your financial situation. For example, some situations might require a revocable trust for some assets, and an irrevocable trust for other assets. -
How does a trustee sign real estate documents?
If the trustee does not sign as \u201ctrustee\u201d and the contract does not specifically exclude liability, then a trustee may be personally liable on contracts entered into in the trustee's fiduciary capacity. Takeaway: Whenever you sign any document on behalf of the trust, always sign as \u201cYour Name, Trustee.\u201d -
Why would a person want to set up a trust?
Trusts can help pass and preserve wealth efficiently and privately. Trusts can help reduce estate taxes for married couples. Gain control over distribution of your assets by using trusts. With a trust, you can ensure that your retirement assets are distributed as you've planned. -
Do all trustees need to agree?
Unless otherwise stated in the will or deed, trustees must act unanimously. ... Often the result of the trustee's failure to agree on a course of action is that the status quo prevails. If that inactivity constitutes a bsignNow of trust the Court may intervene, but if it does not, the Court has no right to intervene. -
How is a trust of land created?
Since 1 January 1997 property acquired or held by co-owners is held on a trust of land. A trust of land involves a power to sell coupled with a power to retain. Beneficiaries have an interest in land, not just an interest in the proceeds of sale. -
Can you have an authorized signer on a trust account?
Question: Can a Trustee or Successor Trustee designate an authorized signer on the trust's banking accounts who is not listed in the trust document? Answer: Generally, the answer to this question is no, they can not.
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[Music] [Music] [Music] [Music] [Music] all right what's going on my brothers and sisters this is your brother Greg Ward coming straight from the heart of common law right society hope you guys are doing well once again this is not legal advice this is just your one brothers pops and opinions all right you guys so I've been getting a lot of love for the Carlton Weiss readings from the private Express trustee handbook the private Express trust under the common law and a lot of questions a lot of thoughts so uh yeah let's just get into it you guys so I'm gonna share my screen all right so check it out you guys this is just a simple template of a private Express trust that was made this has been used I use this in the DMV to register a vehicle I'm not again given legal advice I'm not saying that you should register your vehicle under a private Express trust as far as registration goes if you want to transfer the title you can do that that's fine once again again a lot legal advice but as far as I can recall when you transfer it you know you're gonna make your bill of sale and you could make it from yourself as a private man into the trust itself and you could say it's not gonna mean whatever you want as far as compensation or consideration but so the idea is that you're gonna be taking your private property you can be transferring it into trust as the Grand Tour to a trustee with the declaration of trust in hand so the trustee can decide whether or not they want to become trustee or not for the express purpose of the beneficiaries for the benefit of beneficiaries now what role can the parties play you as the grantor you can transfer the property into trust for yourself to hold as the trustee for the benefit of some parties so essentially you'd be converting your ownership from outright ownership into the ownership holding it under trust under a declaration of trust and at that point if you want to get it you know I'm at the bottom of this trust indenture the simple trust indenture we have on some places for witnesses to sign down here or down here so you'd have the grantor the trustee it's a witnesses sign and that's good for the sake of especially if you're gonna be granting it to yourself as the trustee all right so let's get into the simplicity of what you could put into it so once again all that's required is you as the owner to create this expressed trust on New York on the right of contract without any kind of outside franchise or author or authorization so you're gonna be transferring this into the hands of the trustee and it's a private contract so there is no Ness necessary outside parties to be deeming demian as proper or or or whatnot but just to tell you what happened when I brought this trust or something very similar to the DMV and they asked what is it I told him it's a trust private trust and they said who prepared it I said I did they said well it needs to be a lawyer I said well no technically does not I said created this before and they said then they sent it over to their legal department and the legal department sent word back to the trust was perfectly all right so again all you need for a trust to be proper and lawful is a grantor renting property into the hands of the trustee for the expressed benefit of the beneficiaries and that's all that's all is required so all right let's get into it again not this is not legal advice you don't have to copy this this is just to show you something I've done sorry let me turn this ringer off or notifications out so ever that you guys I feel I wanted to pause the video alright so check it out we've got the date we've got declaration of private express trust organised under the common law right of contract without franchise from outside parties now remember you guys you could create the wording however you want this don't take this as my you know I mean this has to be it like this you're basically just stating the obvious you're you you're transferring property ownership into the hands of the trustee and here's the obligations of the trust the trustee and here's the benefit of the beneficiaries XYZ and you can make it to mold into any shape you want you could tribute the creator into a business you can create it into you know where as the board of trustees would be basically the board of directors they could hire out people to run the business and it's for essentially the stockholders but it but in this case would be the certificate of interest holders you could have a private society like the common law rights society where you could have myself as the trustee with information I place into the trust and you guys are the members and that the membership is like the Freemasons or the Boy Scouts of America or whatever you want to be it literally is a society just the same as Virginia New Jersey and New York all these were societies that are based upon trust indenture is called the top constitutions and so you could create your own society within the Society of where we're living anyway you can you come over to any shape you want but this is just an one example sorry I keep getting off the topic here we go declaration of private Express trust organize under the common law right of contract without franchise from outside parties a declaration of trust made this day with the blanks so you can put in the date I or slash we'd my name transfer all personal private legal ownership titles rights an interest of the following this will be we're out of this property into the ownership of trustees name below that's where I would name the trustees for the sole benefit of the following beneficiaries members subscribers who are not legal owners partners principals nor agents of the trustees nor do beneficiaries directly control any portion or management of the trust governance so basically the idea is that the beneficiaries themselves cannot run the day-to-day operations of controlling how the trust runs the trustee has to file the trust indenture for that purpose for the benefit of the beneficiaries the beneficiaries can't do things to cause the benefit of themselves it's the trustee who has to do these things again you guys can correct me if I'm wrong in the in the comment section below but there has to be a separation of some sort or otherwise it doesn't really make any sense it's like it's like outright ownership then it's like if I created a trust put it my property into trust I'm the trustee and I'm the beneficiary then it's like I never parted from my property to begin with and I'm utilizing it for my own benefit the same as if I owned it outright it doesn't make any sense it doesn't use any portion of the trust law or trust principles anyway so you're saying into the ownership of the trustees or a name below for the sole benefit of the following beneficiary so you can name the beneficiaries here down below so you've got the original person original man or a woman who has the ownership of the property it could be land it could be a vehicle with the VIN number well it could be intellectual property a song a poem whatever into the ownership of the trustees name below could be yourself or it could be others for the sole benefit the following beneficiaries which has to be different from the trustees now if there's if there's several trustees and there's several beneficiaries and some of the trustees or some of the beneficiaries that may be something that is looked upon as okay but I can't promise that I know that there is a want for separation if you have if you're creating a trust to have to be going in an equitable title sorry you guys all right so duties and obligations of Trustees now the idea is article 1 section 10 says that a state cannot infringe upon the obligations of a truck of a contract so that's where you want to be able to have these rights or these obligations so it's an interesting dichotomy if you will it's an interesting split of thought the obligations of the trustees are the things that's that the states can infringe upon so you you want to be able to put in here the things that really want the trustees be obligated to as well as allow their their abilities to get these things done with as much latitude as possible now the wording I use in here might be not be perfect but you want to be able to allow for the latitude of the trustees to do the things necessary to the to fulfill the obligations so if within the obligation section you want to put they can travel wherever and necessary within the Union or within the world in order to accomplish the trust public trust obligations so on and so forth anyway I may have not done this perfectly and I'm sure it could be improved much much much but this is again just a simple all right so protect what number one protect the Trust property at all times trustees may utilize the Trust property to do to further the purpose of the trust okay so the purpose of that is to say that the trustees now might be put on a trustee rights but protect the Trust property at all time to certainly be an obligation but the side note would be the trustees and to utilize it so if there's a piece of land that the trustees are holding for the benefit of the beneficiaries and they protect it they could also utilize it and you might work out a separate contract as Carl my splits puts it in the one article trustees and commerce you might work out a contract with the trust as the trustee to show that you can use the land or the properties of the trust excuse me guys I'm a little bit out of it I feel today once again hope you guys are well hoping you guys are safe I know it's crazy times right now but utilize these times study utilize these times to benefit yourself to further yourself benefit yourself for the benefit of the world you know you want to make yourselves better people alright number two trusteeship distributive benefits that arise out of trust properties to beneficiaries from time to time as they become available but but shall not dispose of trusts properties for distribution until it terminates twenty years from this date unless it becomes necessary for protection or expansion of trust assets now it's a little bit wordy I don't know about word it that way necessarily but the idea is if you gain benefits if you gain properties that arise out of the original Trust properties then you could but then you could distribute that from time to time so if I had let's say some stocks or some or some some kind of property that that created some kind of income I don't know what it would be but if the original Trust property created some other kind of benefit let's say a piece of land that created a bunch of fruit and vegetables and so they were those are benefits that could be distributed to the beneficiaries from time to time but the land itself should not be disposable until twenty years from the date from the date of this trust number three expand the Trust property when expedient for the benefit of the membership and beneficiaries so expand the Trust property whenever possible that'll be something that the obligation of a trustee unruhe for expanding the membership of the trustee ship through whatever lawful activities trust trustees Dean wise so if if this happens to be a in this week this is what this was if this happens to be a trust that creates a membership and society then the trustee can expand that membership with the trusteeship if it's a less a society of common-law people who love common law rights the common law right society then the trustee myself can't expand this trustee ship by expanding the membership I could I could call upon you guys to join the the Society number five trustees shall meet with membership minimum once per calendar year to account for the trust assets and new business so that would allow for the trustee to travel to go to meet with the membership trustee may not convert to an incorporated entity nor enfranchise trust with foreign benefit or license is basically saying the trust must remain a private Express trust under the common law and the trustee may not convert it into an incorporated entity or in franchise it with any kind of foreign benefit or license so basically keep it separate don't have it be anything that would bring minimum contacts in trustees will solely be identified to the public by their rightful status as trustees under obligation of a private express trust organized under the common law trustees function under the general law merchant and not through incorporated franchise trustees are obligated to identify themselves with trustees should authorization trustees ship is not a creature of any foreign forum State and trustees are not table not obliged to follow the statutory Admiralty equity codes of any municipalities I don't know if this is worded perfectly but you understand where I'm coming from when I speak of all these things and again it should not necessarily be in the obligation section it might be just a footnote or a side note or a note to law enforcement I'm not sure you guys but you understand where I'm coming from trustees are bound only to the directors of this trust indenture and the fundamental natural log land general common law and the law merchant trustee shall never asked for or receive foreign franchise benefit on behalf of trusteeship trustees are obliged that travel by natural right excuse me trustees are obliged to travel by natural right under declaration of trust and never pursuant to a foreign corporate license I don't even if corporate we in there would benefit or license trustees will oblige him or herself to the beneficiaries at all times and shall not engage in activities that will hinder the fulfilment and performance of his obligations trustee shall travel when necessary and proper to fulfill the obligations of this trust number nine trustee shall keep a county of expenses of trusteeship assets beneficial interest and shall keep minutes of meetings anyway you guys this is just what I thought would be something that would be nice to be in there you could be something much more so much more simple you got the rights of the trustees trustees are authorized to travel anywhere by whatever lawful means are available to him without foreign forum state statutory license in order to serve the needs of the beneficiaries trustees are under a declaration of trust and are protected by article 1 section 10 of the Federal Constitution again not necessarily necessary that you put this stuff in there because technically speaking you just having a common law contract and a trust all these things do apply you don't need to have this in there Wow so I wouldn't necessarily put this in here you know this is more directive towards outside foreign people who are looking any restriction of obligation is a constitutional tort and will be prosecuted by any and all lawful means or remedies so maybe this would be like this would be like something like that and then maybe at the bottom [Music] I'll just keep in there for now all right so trustees our author are authorized to travel contract sue defend settle purchase property grow herbs including cannabis and vegetables create script for trusteeship and any other lawful thing a natural man may do sue juris for another now this is a potentially questionable but basically the idea is certainly a lot of it is is not questionable but the idea is that a trustee cannot be created for the purposes of unlawful means and certainly not created to do a common law crime [Music] cannot be created to a common law or civil crime so the idea is that and so now when you start to think about what is a common law crime now you talk my trespass or the or the destruction of other people's rights in contract when you're talking about civil rights you talk about tort you're talking about against a contract law so now as far as putting including cannabis something like that you know that's that doesn't harm anybody that's in that state to state it's their statutory law that creates these types of laws or these types of codes so a common law is that a common law wrong or a crime I would say not because not harming anybody but this is not legal advice this is just what I put in here anyway trustees may issue certificates have beneficial interest as well as script which is basically money within the you know this is money to be used within the actual realm of the trusteeship so if the four walls of the light of the contract of the trust is the trustees ship and that includes the lands that includes membership includes the trustees all the things that happen all the actions within the actual realm with the trusteeship and you decide you want to create a money for within that trusteeship you're perfectly within your rights certificates of interest essentially are in a of itself transferable interest and therefore value so that isn't an in and of itself script trustees may issue certificates of beneficial interest I read that as well as script for use solely within the jurisdiction of the trust and or trusts and/or trusts created under the authority of this trust so again you can create certificates of interest or money to be used within the jurisdiction of the trust itself or trust that this trust creates actions of trustees to outside party shall be considered as lawful within the trusteeship are not subject and not subject to legislative restrictions trustees shall have the authority to establish other private expressed trusts and other entities they're under for the purposes of carrying out the purposes of this trust or purposes and conformities in conformity to this trust trustees are not liable for trust activities done in good faith within his or her trust duties or obligations all parties shall look to the trust fund or other stipulation basically that's stating that if anything happens as a result of the trusteeship that the trustees shall not be liable and that any property shall we look to first or any funds all right so then we have beneficiary rights beneficiaries of their exclusive equitable rights to the use of the intellectual properties can say contained within this trust not to be as commercially outside the jurisdiction of the trust so that was if I was to put in here a book or a song or something like that that this would be a equimolar equitable rights to the intellectual properties that could be either remove intellectual properties and just put properties again you can lay out different aspects of the beneficial rights to know they could have use of the properties on these days or at these times or in these ways or only these properties or only this aspect of the properties again but the beneficial rights could just be you guys participating in watching these videos as long-winded as I am and as difficult as it is to get through sometimes so again you guys you're you're very gracious in watching these videos all right so beneficiary ship beneficiaries Shalit have exclusive equitable rights the use of any lands or other properties acquired into the trusteeship upon request to trustees to schedule time in a reasonable timeframe according to availability beneficiary shall have exclusive equitable rights to the use of any other benefits trustee is deemed beneficial from time to time as they're made available from time to time beneficiary shall have exclusive exclusive equitable rights to the use of the above items as well as others that may be added but never have a legal right to demand that trustees sell or dispose of Trust properties nor do the beneficiaries have any legal rights to control any portion of the management or governance governance of the trust there simply says the future satsuki Sestak a trust and are not and should never be partners owners principles nor agents of the trustees nor shall they manage any part of the trusteeship again they're just there to benefit they're not there to run the trust if beneficiaries have any grievances they may be they may you know in an electronic writing to the common law rights society at gmail.com notify trustees of the issue and trustee shall call for meeting of the trustees if more than one and resolve the issue there is nothing statutory about this trust and cannot be resolved by statutes or administrative court hearings for quasi jurisdictions far into this trust a common law court of equity is the only court that can hear cases regarding this trust again I don't know you know me if these things are necessary or if they actually mean will do anything necessarily but the purpose is that a private contract like this lays out to the specific specificity exactly how you want the trust to look so put it out whatever Matt whatever you guys want purpose of the trust generally the purpose of this trust is for the protection of private property and private rights of trustees ship membership it's just this sustainability of the membership expansion of the rights benefits of the membership creating a new model of a sustainable society within the exclusive confines of the trust intersects with which just means within the trust develop a stable barter system with utilizing or with script to be utilized interest and in the trust to establish a 100% self-contained self-contained sustainable society created under declaration of trust a unique juridical entity formed under the natural common law right of contract without fahren franchise non-commercial trust liability notice as far as strange to this trusts are concerned all decisions made by trustees are to be construed as final and this Trust shall be a non commercial entity in relationship to all outside entities since the trustee will not seek the benefit of becoming a corporation or franchise authorization to do business in any foreign jurisdiction all business don't on behalf of trust will always be within the confines of this trusteeship inter since within the trust or between itself and other private Express trusts utilizing its utilizing its own common law considerations all right so you guys this is just how I put this one you could create yours to be doing business again any minimum context you have with corporate America or corporate States will bring you potentially under liability so this is particularly just done this way particularly for a society that is to be run outside or within the other Society of common-law society if you will to be utilized at its own thing so it so again if I create this this trust right here and place a Bitcoin or a ounce of gold as the consideration as the east as the Trust property and and we never go outside of the trust to get any kind of outside benefit then at that point we keep it strictly within the confines of the trust and it has its own juridical jurisdiction all right trustees are not to God are not to be held liable for trust activities done within duties or authorized rights but all who engage with this trustee ship shall look solely to the fund or property you unless stipulated otherwise after trustee accept the terms of this trust is trust by signing below he or she shall be obligates this trust and shall we sing cancel surrender all municipal licenses from entities far into this trust again this is just something I put in certainly don't have to have that in there because technically as soon as you take on in this my opinion not legal advice as soon as you take on the auspices of a trustee ship or a trustee ship position then you can be in that role as you're utilizing you know as you're tending to the trustee shape this trust situs is domiciled in the Union of the American States not a resident of any foreign or foreign fo r um States but operates but operates out of private declaration of trust serving the needs of the beneficiaries worldwide and throughout the Union an unintentional citizen possessing all rights and immunities trustees or trustee is authorized to do all things within good fates to promote the purposes of this trust maintaining the Trust property at all times and 24 hours a day operating under this declaration of trust and again the purpose of this is to basically state that the trustee is always to be doing good things with in good faith to promote the purposes of this trust and they authorized to do that all of those things so your obligations extend out or to anything that any natural man may do search sutures travel the world do whatever is necessary contract barter trade purchase anything that a natural man may do we're saying this in this trusty ship that the trustees have absolute ability to do those things 24 hours a day ten days is trust and then this other aspect that I think of a friend of mine helped put in their spendthrift clause that says no interest of any capital interest holder or beneficial interest holder shall be subject to sale assignment hypothecation or transferred by any capital interest holder or beneficial interest holder other than in exercise of an employment power given to the capital interest holder or beneficial interest holder nor shall the principal of the trust or its income be liable for any capital interest holders debt or beneficial interest holders debt or it's the process of any court in aid of execution of any judgment surrendered so basically I think that's stating that no interest of a capital interest holder shall be subject to sale other than in the exercise of an appointment power given to them so no one know that nobody else can sell that I guess that's what they've found that's saying it's also saying that the principle of the trust or its income shall not be liable for any debt of the interest holder or the beneficial interest holder so their personal debt will never MIT become put upon the trust itself anyway that said you guys so sorry that was a lot longer than I thought it was gonna be but uh we've had some questions and again it could be so so simple you guys doesn't have to be anything difficult just put in exactly what you want exactly what you want you guys mold your trust to be how you want to look now you want to operate all right that's about it you guys have a great day we'll talk to you soon stay safe keep drinking water all right one love peace and blessings
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