General Form of Inter Vivos Irrevocable Trust Agreement
Trust Agreement made on the day of , 20 , between
, of ,
(Name of Trustor) (Street Address, City, County, State, Zip Code)
hereinafter called Trustor, and , of
(Name of Trustee)
, hereinafter called Trustee.
(Street Address, City, County, State, Zip Code)
Whereas, Trustor is presently the owner of the property (the Property) described in Exhibit A,
which is attached and incorporated by this reference; and
Whereas, Trustor desires to make provisions for the care and management of the Property, the
collection of the income from the Property, and the disposition of both the income and the
Property in the manner provided below.
Now, therefore, for and in consideration of the mutual covenants contained in this Agreement,
and other good and valuable consideration, the parties agree as follows:
I. Transfer in Trust. Trustor, in consideration of acceptance by Trustee of the Trust
created by this instrument, conveys, transfers, assigns, and delivers to Trustee, its successors in
Trust and assigns, the Property described in Exhibit A attached hereto and made a part, together
with all other property that may from time to time be held by Trustee under this Agreement, all
of which Property shall be referred to as the Trust Estate.
II. Disposition of Principal and Income. Trustee shall care for and manage the Trust Estate
and collect the income derived from it. Trustee shall, after the payment of all taxes and
assessments and all charges incident to the management of Trust Estate, administer, apply, and
dispose of the net income from the Trust and the corpus of the Trust, as follows:
A. .
(Describe disposition of income and principal during Trustor's lifetime)
B. .
(Describe of disposition of income and principal subsequent to Trustor's death)
C. .
(Describe the termination of Trust and distribution of assets on termination)
III. General Rules Regarding Disbursements.
A. On the death of any income beneficiary, there shall be no apportionment of any
accrued or undistributed income to the Estate of the beneficiary. Any accrued or
undistributed income shall be held and accounted for, or distributed, in the same manner
as if it had accrued and been received after the beneficiary's death.
B. Until Trustee shall receive written notice of any birth, marriage, death, or other
event on which the right to any payments from this Trust may depend, Trustee shall incur
no liability to any person whose interest may have been
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affected by that event for disbursements made in good faith.
C. If Trustor's and Trustor shall both die either in or as a
(wife or husband)
result of a common accident or disaster or under such circumstances that it is difficult or
impracticable to determine who survived the other, then for purposes of this Agreement
Trustor's shall be deemed to have survived Trustor. If any
(wife or husband)
beneficiary under this Agreement other than Trustor's and
(wife or husband)
Trustor, or any other person on whose death the rights of the beneficiary under this
Agreement depend, shall both die either in or as a result of a common accident or disaster
or under such circumstances that it is difficult or impracticable to determine who
survived the other, then for purposes of this Agreement the beneficiary shall be deemed
to have predeceased Trustor or such other person, as the case may be.
D. In any case in which Trustee is authorized in its discretion, or is directed, or both,
to pay or distribute income to any beneficiary, whether a minor or otherwise, Trustee
may, in its sole discretion, at any time, apply the full or any part of the income to or for
the care, comfort, maintenance, support, education, use, or other benefit of the
beneficiary directly, instead of paying or distributing the same to the beneficiary.
E. In case any beneficiary shall be a minor or incompetent, Trustee may, in its sole
discretion, make payment or distribution of any Property to which the minor or
incompetent shall be entitled under this Agreement to the guardian, legal or natural, the
committee, or any other legal representative, wherever appointed, of the minor or
incompetent or to the person with whom the minor or incompetent shall reside. The
written receipt of the person or persons to whom any such payment or distribution is so
made shall be a full and sufficient discharge of Trustee for the same even though Trustee
may be such person or one of such persons.
IV. Additions to Trust. Trustor, and any other person, shall have the right at any time to add
Property acceptable to Trustee to this Trust. Such Property, when received and accepted by
Trustee, shall become part of the Trust Estate.
V. Powers of Trustee. In addition to any powers given to it by law or otherwise, Trustee is
authorized and empowered with respect to any property at any time held under any provision of
this Agreement, including accumulated income, if any, and any property held pursuant to any
power in Trust, and until the actual distribution of the property:
A. To sell on such terms and conditions as it in its sole discretion may determine.
B. To invest and reinvest in and to acquire by exchange or otherwise property of any
character including stocks of any classification, obligations, or other property, real or
personal, whether or not of the same kind, and participations in any common trust fund
administered by Trustee, without regard to diversification and without being limited to
the investments authorized by law for the investment of trust funds.
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C. To retain property of any kind received by it without regard to diversification and
without being limited to the investments authorized by law for the investment of trust
funds.
D. To join in, consent to, or become a party to any reorganization, merger,
consolidation, dissolution, readjustment, exchange, or other transaction and any plan or
action under or in connection with the same; to deposit any such property with any
protective, reorganizational, or similar committee; to delegate discretionary powers to the
committee and to share in the payment of its expenses and compensation and to pay any
assessments levied with respect to the property and to receive property under any
reorganization, merger, consolidation, dissolution, readjustment, exchange or other
transaction whether or not the same is authorized by law for the investment of trust funds.
E. To exercise all conversion, subscription, voting, and other rights of whatsoever
nature pertaining to any such property and to grant proxies, discretionary or otherwise,
with respect to those rights.
F. To make and retain joint investments and investments of undivided interests in
any property, real or personal, whether or not all the property is held under this
agreement and whether or not the provisions under which such other property is held are
similar.
G . With respect to any real property (including real property acquired on foreclosure
or by deed in lieu of foreclosure) at any time held under this agreement, to sell, exchange,
partition, lease, sublease, mortgage, improve, or otherwise alter on such terms as it may
deem proper, and to execute and deliver deeds, leases, mortgages, or other instruments
relating to the real property. Any lease may be made for such period of time, including a
lease beyond a - year period, as it may deem proper and without the approval
(e.g. five)
of any court.
H. To extend the time of payment of any bond (or other obligation) and mortgage
held by it, or of any installment of principal or interest or hold such bond (or other
obligation) and mortgage after maturity as past due; to consent to the alteration or
modification of any terms of the same, waive defaults in the performance of the terms of
the same; to foreclose any such mortgage or compromise or settle claims under the
mortgage; to take over, take title to, or manage the property, or any part of it, affected by
any such mortgage, either temporarily or permanently, and in partial or complete
satisfaction of any claim under the mortgage; to protect the property against or redeem it
from foreclosure or nonpayment of taxes, assessments, or other liens; to insure, protect,
maintain, and repair the property; and generally without limitation by the foregoing
specification to exercise with respect to such bond (or other obligation) and mortgage on
such property all rights and powers as may be exercised by a person owning similar
property in his or her own right.
I. To borrow money to provide funds for any purpose without resorting to the sale
of any assets; and for the purpose of securing the repayment of the borrowed money, to
pledge, mortgage, or otherwise encumber any and all such property on such terms,
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covenants, and conditions as it may deem proper and also to extend the time of payment
of any loans or encumbrances which at any time may be encumbrances on any such
property irrespective of by whom the same were made or where the obligations may or
should ultimately be borne on such terms, covenants, and conditions as it may deem
proper.
J. Without limitation by the specification of the following, to exercise any and all
the powers, authorities, and discretions provided in this agreement in respect of any
shares of stock of Trustee and any successor corporation whether by merger,
consolidation, reorganization, sale, or otherwise.
K. To register any property belonging to any Trust created by this Agreement in the
name of its nominee, or to hold the same unregistered, or in such form that title shall pass
by delivery.
L. To distribute in cash or in kind or partly in cash and partly in kind.
VI. Duration of Powers of Trustee. All of the rights, powers, authorities, privileges, and
immunities given to Trustee by this Agreement shall continue after termination of the Trust
created by this Agreement until Trustee shall have made actual distribution of all Property held
by it under this Agreement.
VII. Directions to Trustee. If and so long as any person, including Trustor, is authorized by
this Agreement to direct Trustee with respect to sales or retention of Trust Property, and
investments and reinvestments of Trust funds, Trustee shall not be accountable for any loss
sustained by reason of any action taken or omitted pursuant to the written direction of such
person. No person dealing with Trustee need inquire whether such directions have been complied
with by Trustee.
VIII. Transactions with Third Parties. No person dealing with Trustee shall be bound to
administer the application or disposition of cash or other Property transferred to Trustee, or to
inquire into the authority for, or propriety of, any action by Trustee.
IX. Bond of Trustee; Court Approval and Personal Liability. No bond, surety or other
security shall be required of Trustee for the faithful performance of its duties under this
Agreement, any law of any state or other jurisdiction to the contrary notwithstanding. Also,
Trustee shall not be required to qualify before, be appointed by, or, in the absence of breach of
Trust, account to any court, or to obtain the order or approval of any court in the exercise of any
power or discretion under this Agreement. Trustee shall not be personally liable on any contract,
note, or other instrument executed by it as Trustee under this Agreement or for any indebtedness
of the Trust Estate.
X. Compensation. The original Trustee under this Agreement, and all successor Trustees,
shall be entitled to reasonable compensation for their services as Trustee.
XI. Resignation and Succession of Trustees.
A. Trustee, or any successor, may resign at any time on giving written notice
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days before the resignation shall take effect, to Trustor or, after the death of
(Number)
Trustor, to all adult beneficiaries and to a parent, or a guardian, if any, of each minor or
incompetent beneficiary who may then be receiving or entitled to receive income under
this Agreement.
B. Those to whom a notice of resignation may be given shall unanimously designate
a successor Trustee by written notice to the resigning Trustee within days
(Number)
after receipt of notice of resignation. If a successor Trustee shall not be so designated, the
resigning Trustee shall have the right to secure the appointment of a successor Trustee by
a court of competent jurisdiction, at the expense of the Trust Estate.
C. The resigning Trustee shall transfer and deliver to its successor the then-entire
Trust Estate. The resigning Trustee shall then be discharged as Trustee of this Trust and
shall have no further powers, discretions, rights, obligations, or duties in reference to the
Trust Estate. On the day the resignation becomes final, all powers, discretions, rights,
obligations, and duties of the resigning Trustee shall inure to, and be binding on, the
successor Trustee.
XII. Allocation of Income and Principal. Trustee shall determine what is income and what is
principal of the Trust created under this Agreement. Trustee shall determine what expenses,
costs, taxes, and charges of any kind whatever shall be charged against income and what shall be
charged against principal in accordance with the applicable statutes of
(Name of State)
as they now exist and may from time to time be enacted, amended, or repealed.
XIII. Accounting. Trustee shall not be required to file annual or other accounts in any court.
However, Trustee shall render annual statements of account to Trustor and after Trustor's death
to all adult beneficiaries, and shall, whenever called on to do so, exhibit to any of the
beneficiaries of the Trust created by this Agreement all documents, securities, and papers
forming part of, or relating to, the Trust. The approval of any account of Trustee, in an
instrument signed by or on behalf of the beneficiary or beneficiaries at the time of approval of
the current Trust income shall be a complete release and discharge of Trustee with respect to the
administration of the Trust Property, insofar as the administration is reflected in the account, for
the period covered by the account. Any item of an account to which no objection is made in
writing to Trustee within days after delivery of the account to Trustor, or after
(Number)
Trustor's death to any adult beneficiary, shall be conclusively presumed to be approved by all
parties to whom the account was delivered.
XIV. Purpose and General Construction of Trust. The primary purpose and intent
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of Trustor in creating the Trust under this Agreement is to benefit those who shall from time to
time be income beneficiaries. The rights and interest of remaindermen and of successor income
beneficiaries are subordinate to that purpose. The provisions of this Agreement shall be liberally
construed in the interest and for the benefit of the current income beneficiaries of the Trust
Estate. The foregoing shall not, however, be deemed to limit the discretion conferred on Trustee
by this Agreement.
XV. Definitions.
A. The words “child,” “children” and “issue,” wherever used in this Agreement,
shall include persons who shall have been legally adopted, and any children or issue,
whether natural or legally adopted, of any such legally adopted persons.
B. The words “child” and “children,” wherever used in this Agreement, shall not
include grandchildren or more remote descendants.
C. The word “issue,” wherever used in this Agreement, shall include descendants of
whatever degree.
D. In any case in which any Property is disposed of under this Agreement to
Trustor's issue or the issue of any other person, such issue shall take per stirpes and not
per capita, except that where all of the issue who shall be entitled to take shall be of an
equal degree of consanguinity to Trustor or such other person, as the case may be, such
issue shall take per capita.
XVI. Spendthrift Provision. No title or interest in the money or other Property constituting
the principal of the Trust Estate, or in any income accruing from or on the principal, shall vest in
any beneficiary during the continuance of the Trust created by this Agreement. No such
beneficiary shall have the power or authority to anticipate in any way any of the rents, issues,
profits, income, monies, or payments provided or authorized to be paid to the beneficiary, or any
part of the same, nor to alienate, convey, transfer, or dispose of the same or any interest in or any
part of the same in advance of payment. None of the same shall be involuntarily alienated by any
beneficiary or be subject to attachment, execution, or be levied on or taken on any process for
any debts that any beneficiary of the Trust shall have contracted or shall contract, or in
satisfaction of any demands or obligations that any beneficiary shall incur. All payments
authorized and provided to be made by Trustee shall be made and shall be valid and effectual
only when paid to the beneficiary to whom the same shall belong, or otherwise as provided in
this Agreement.
XVII. Perpetuities Savings Clause. Any other term or provision of this Agreement to the
contrary notwithstanding, the Trust created by this Agreement shall not continue beyond, but
shall terminate, years after the death of the last survivor of Trustor, Trustor's
(Number)
present spouse, and any beneficiary named in and living on the date of this Agreement.
XVIII. Revocation and Amendment. This Trust shall be irrevocable and shall not be altered,
amended, revoked, or terminated by Trustor or any other person
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XIX . Governing Law. This Trust shall be governed and construed in all respects according to
the laws of the state of .
(Name of State)
XX. Binding Effect. This Agreement shall be binding on Trustor, Trustor's executor,
administrator, successors and assigns, and Trustee and Trustee's successors and assigns.
Trustor and Trustee have executed this Agreement as of the day and year first above
written.
By: By:
(Signature of Trustor) (Signature of Trustee)
(Printed Name of Trustor) (Printed Name of Trustee)
( Acknowledgments before Notary Public)
(Attach Exhibit)
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