Trust Estate Planning Agreement

Trust Estate Planning Agreement

This Trust Estate Planning Agreement (Effective Date: , ) is made and entered into by and between Client Name: (the "Client") and Advisor Name: (the "Advisor"). The Client and the Advisor are collectively referred to as the "Parties."

Recitals

WHEREAS, the Client seeks to engage professional services for the preparation, review, and implementation of estate planning documents, including but not limited to trusts, wills, powers of attorney, and related instruments, to effectuate the Client's testamentary and inter vivos intentions; and

WHEREAS, the Advisor represents that it is duly qualified and experienced to provide trust and estate planning services and agrees to provide such services on the terms and conditions set forth in this Agreement; and

WHEREAS, the Parties desire to set forth their respective rights and obligations in connection with the engagement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below: "Trust Documents" means all trusts, amendments, funding deeds, and related instruments prepared or reviewed by the Advisor pursuant to this Agreement; "Services" means the trust and estate planning tasks described in Section 2; and "Confidential Information" has the meaning set forth in Section 6.

2. Engagement; Scope of Services

2.1 Engagement. The Client hereby retains the Advisor to provide the Services described in this Agreement and the Advisor accepts such engagement under the terms set forth herein.

2.2 Scope. The Services shall include preparation and drafting of the following instruments as selected by the Client:

3. Fiduciary and Professional Duties

The Advisor shall perform the Services in a manner consistent with applicable professional standards and shall exercise reasonable care, skill and diligence. The Advisor acknowledges its fiduciary obligations to the Client to the extent required by applicable law and agrees to disclose conflicts of interest in accordance with Section 6. The Advisor shall not be required to act beyond the scope of its legal or professional competencies.

4. Client Representations and Cooperation

The Client represents and warrants that all information provided to the Advisor is true, accurate and complete to the best of the Client's knowledge. The Client agrees to provide full cooperation, timely instructions, original documents, and access to records and other information necessary for the Advisor to perform the Services. The Advisor shall be entitled to rely on the accuracy of all such information.

5. Fees; Billing; Expenses

5.1 Fees. The Client shall pay the Advisor fees for the Services as follows:

5.2 Expenses. The Client shall reimburse the Advisor for reasonable out-of-pocket expenses incurred in providing the Services, including filing fees, courier charges, and third-party fees, which shall be invoiced and payable in accordance with the payment terms.

6. Confidentiality; Conflicts

The Advisor shall maintain the confidentiality of all nonpublic information provided by the Client in connection with the Services and shall not disclose such information except (a) as required by law or court order, (b) to third-party service providers engaged to assist with the Services, or (c) with the Client's express written consent. The Advisor shall promptly disclose to the Client any actual or potential conflict of interest that could materially affect the performance of the Services.

7. Records; Document Retention

The Advisor will maintain copies of executed Trust Documents and related correspondence for the period required by applicable law. Originals of certain documents may be returned to the Client upon completion unless otherwise agreed. The Advisor shall be entitled to destroy file materials in accordance with its document retention policies unless the Client provides written instruction to the contrary prior to destruction.

8. Term and Termination

This Agreement shall commence on the Effective Date and shall continue until the completion of the Services unless earlier terminated as provided herein. Either Party may terminate this Agreement upon thirty (30) days' written notice to the other Party. Termination shall not relieve the Client of the obligation to pay fees and expenses incurred prior to termination.

9. Indemnification; Limitation of Liability

The Client agrees to indemnify, defend and hold harmless the Advisor and its officers, employees and agents from and against any liabilities, losses, damages, expenses and costs (including reasonable attorneys' fees) arising out of the Client's breach of this Agreement or negligent or wrongful acts or omissions. Except for liability arising from willful misconduct or gross negligence, the Advisor's aggregate liability to the Client for claims arising out of or related to this Agreement shall not exceed the fees paid to the Advisor under this Agreement.

10. Notices

All notices required or permitted under this Agreement shall be in writing and shall be delivered personally, by certified mail return receipt requested, or by nationally recognized overnight courier to the addresses set forth below, or to such other address as a Party may designate by notice given in accordance with this Section.

11. Amendments; Waiver

No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties. The failure of either Party to enforce any term of this Agreement shall not be construed as a waiver of that term or any other term.

12. Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles. The Parties agree to first attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiations. If unresolved, the dispute shall be resolved by binding arbitration in the county where the Advisor maintains its principal place of business, in accordance with the rules of the chosen arbitral forum.

13. Entire Agreement; Severability

This Agreement, together with any exhibits or engagement letters attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, such provision shall be severed and the remainder of the Agreement shall remain in full force and effect.

14. Counterparts; Execution

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Delivery of an executed counterpart by electronic transmission shall be deemed effective as delivery of an original executed counterpart.

15. Miscellaneous Provisions

The Parties acknowledge that the Advisor does not provide tax advice unless expressly retained to do so in writing. The Client is encouraged to consult independent tax counsel concerning the tax consequences of any estate planning strategies. Headings are for convenience only and shall not affect interpretation.

Acknowledgments

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