THE
SPECIAL NEEDS TRUST
THIS TRUST AGREEMENT is made this day of , 20 ,
by and between and , as
Grantors and as original co-Trustees.
WITNESSETH:
WHEREAS, we, and , as Grantors, desire to
establish, as the original co-Trustees, a trust of the property described on Schedule A attached
hereto and made a part hereof, with the expectation and intent that this trust, as further funded
from time to time by lifetime and testamentary gifts, will provide for our son , ,
extra and supplemental care, maintenance, support and education in addition to and over and
above the benefits may otherwise receive as a result of his handicap or
disability from any local, state or federal government, or from any other public or private
agencies, any of which provide services or benefits to or for the benefit of persons who are
handicapped or disabled. It is our express purpose that the trust estate be used only to
supplement other benefits received by or paid on behalf of .
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NOW, THEREFORE, we hereby transfer to the trustees of this trust the property listed
on Schedule A;
TO HAVE AND TO HOLD the same and all other property which we, as the co-
Trustees, and our Successor Trustee, may at any time hold or acquire (all of which is referred to
collectively as the “Trust Estate”);
IN TRUST, NEVERTHELESS, for the following uses and purposes and subject to the
terms and conditions set forth.
ARTICLE I
NAME AND BENEFICIARIES OF TRUST
The trust hereby created shall be known as the “
TRUST”. This trust shall be for the benefit of .
ARTICLE II
TRANSFERS TO TRUST
The Trustors and others may transfer property to the corpus of this Trust at any time,
including by will. The Trust may receive property from life insurance, designated beneficiary
accounts, and other trusts.
ARTICLE III
TRUST ADMINISTRATION AND DISTRIBUTION
The Trustee shall administer and distribute the Trust Estate as follows:
A. Expenditures for . The Trustee shall pay to or apply for the benefit of
such sums out of the income or principal of the Trust Estate as the Trustee, in the
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Trustee’s sole discretion, considers necessary or appropriate for ’s special needs. As
used herein, “special needs” refers to the requisites for maintaining ’s happiness,
welfare and development when, in the discretion of the Trustee, such requisites are not being
provided by any public agency, office or department of any state or local government, or of the
United States. “Special needs” shall include but not be limited to, spending money (i.e., money
to purchase appropriate gifts for relatives and friends), small visual and/or audio equipment for
entertainment purposes (i.e., radio, record player, television set), vacations, including, but not
limited to, vacation and recreation trips away from places of residence, expenses for a traveling
companion if requested or necessary, entertainment expenses and transportation costs; provided,
however, that the Trustee is under no obligation to expend principal or income for such needs,
but if the Trustee, in its discretion, decides to do so, in no case shall the Trustee pay or reimburse
any amounts to the federal or state governments, or any subdivision thereof.
This Trust is to be considered as a discretionary trust and not a basic support trust. The Trust
Estate shall not be used to provide basic food, clothing or shelter, nor be available to
for conversion for such items unless all local, state and federal benefits for which
is eligible as a result of his disability have first been fully expended for such
expenses.
B. Duty to Seek Support . We declare that it is our intent, as expressed herein, that
because is disabled and unable to maintain and support himself independently, the
Trustee shall, in the exercise of best judgment and fiduciary duty, seek support and maintenance
for from all available public resources, including, but not limited to, Social Security
Administration benefits, Veterans Administration benefits, Supplemental Security Income (SSI),
U.S. Civil Service Commission benefits, state medical benefits, Medicaid and federal Social
Security Disability Insurance (SSDI); and in that regard, the Trustee shall collect, expend and
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account for separately all such governmental assistance benefits, but not commingle them with
these trust funds. In addition, in making distributions to for his special needs, as
herein defined, the Trustee shall take into consideration the applicable resource limitations of the
public assistance programs for which is eligible.
C. Undistributed Income . Any net income not distributed by the Trustee shall be
accumulated and added to principal.
D. Non - Productive Property . The Trustee may invest in and hold property that is used
as the principal residence, furniture, automobile, and other items meeting the “special needs” of
despite the fact that such property is nonproductive of income. Other
non - productive property may also be held by the Trustee; provided, however, shall
have the power to require the Trustee to convert such other non - productive into productive
property. This power shall be exercised by in a written instrument delivered to the
Trustee.
E. Restriction on Corpus . It is further our intention that no part of the corpus of the trust
created herein shall be used to supplant or replace public assistance benefits of any state or
federal agency which has a legal responsibility to serve persons with disabilities which are the
same or similar to the impairments of .
F. Provisions on Termination . In the event that it is determined, by either a court or an
authority of competent jurisdiction, that this trust renders ineligible to receive any
governmental assistance benefits to which would otherwise be entitled, or if the
Trustee, in its discretion, determines that, notwithstanding any other provisions set forth herein,
this trust may be subject to garnishment, attachment, execution or bankruptcy proceedings by a
creditor of or by the federal or state government, or any agency or subdivision
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thereof, then the Trustee shall terminate this trust and distribute the remaining principal and
accrued income, in equal shares, to , , and , per stirpes . In that
regard, we request, but do not direct, that such recipients conserve, manage and distribute the
proceeds of the former trust estate for the benefit of in accordance with the
provisions set forth in this trust for his benefit. In determining whether the existence of this trust
for the benefit of has the effect of rendering ineligible to receive any
governmental assistance benefits to which would otherwise be entitled, the Trustee is
hereby granted fun and complete discretion to initiate administrative and/or judicial proceedings
for the purpose of determining eligibility, and all costs related thereto, including reasonable
attorney's fees, shall be a proper charge to the trust estate.
G. Payment of Death Expenses . Upon the death of the Trustee, in the
Trustee’s discretion, may pay all or a portion of any one or more of the expenses of
’s last illness, funeral, burial, administration, probate and taxes, if the Trustee shall
determine that it is impossible or impracticable for ’s estate to do so and that no other
provisions for such payment thereof have been made.
H. Final Distribution . Upon the death of , the undistributed balance of his
trust shall thereupon be distributed, subject to Article V, in equal shares to ,
, and , per stirpes .
ARTICLE IV
FAILURE OF DESCENDANTS
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If there shall be a time when assets remain in any trust for which, but for this article, no
beneficiary is living, then at such time the Trustee, subject to Article V, shall distribute such
assets to our then living heirs-at-law (other than ). Our heirs-at-law and the
proportions to which they are entitled shall be determined in accordance with the then existing
statutes of the Commonwealth of Virginia governing the intestate distribution of personal
property in the proportions therein described. By this provision we intend to create a remainder
in our heirs and not to retain a reversion in our estate.
ARTICLE V
BENEFICIARIES UNDER AGE 21
If any beneficiary (other than a child of mine) is under the age of 21 years, the portion to
which such beneficiary would otherwise have been entitled shall be distributed to the Trustee to
be held in trust for the benefit of such beneficiary. The Trustee shall distribute to or for the
benefit of such beneficiary so much or all of the net income and principal of such trust as the
Trustee considers desirable for the support, medical care, education and best interests of such
beneficiary and shall add all undistributed net income to principal from time to time. The
Trustee shall distribute such trust to the beneficiary thereof upon his or her attaining the age of
21 years, or to the estate of such beneficiary if he or she shall die before reaching the age of 21
years.
ARTICLE VI
STATEMENT OF INTENT
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A. Priority and Guidance . In making investments and discretionary distributions for
beneficiaries other than , the Trustee may be guided by the following examples of
possible distributions of property for the purposes listed below, but these examples shall in no
way bind the Trustee to make any discretionary distribution. The Trustee has the sole discretion
to grant or deny any request for discretionary distributions, however, we desire the Trustee to be
liberal in exercising such discretion.
1. Support . Distributions for support may include distributions for the necessities of
food, clothing, transportation, shelter and similar needs, as well as distributions for a
beneficiary's maintenance in reasonable comfort and support in his or her accustomed manner of
living.
2. Medical Care . Distributions for medical care may include distributions for the
payment of medical insurance, medical and dental fees, equipment and drugs, hospital and
nursing home care (regardless of length of time), services of private nurses and companions, and
psychiatric care and counseling, and may include medical care for such beneficiary's last illness.
3. Education . Distributions for education may include distributions for attendance at or
enrollment in preparatory, religious, undergraduate, graduate, professional and vocational
schools, public or private, and wherever located, and may include tuition, room, board, books,
transportation and other living and incidental expenses.
4. Best Interests. Distributions for the best interests of a beneficiary may include
distributions to enable a beneficiary to purchase an automobile, make a down payment on the
purchase of a home, or furnish a home consistent with a comfortable standard of living, to travel,
to invest a reasonable amount in business enterprises in which the beneficiary would be an active
participant, or to make gifts to such beneficiary's descendants or for charitable purposes.
Distributions for the best interests of a minor beneficiary also may include distributions to enable
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him or her to attend summer camp, or to participate in recreational activities such as music,
dance or gymnastic lessons or athletic leagues.
B. Consideration of Beneficiary’s Resources and Tax Consequences . In considering
distributions to or for the benefit of any beneficiary the Trustee may, but need not, consider the
income and resources of such beneficiary from all sources known to the Trustee, the obligations
of such beneficiary to support others, and the obligations of others to support such beneficiary.
The Trustee shall be entitled to rely on a statement of the beneficiary’s assets signed and
certified to be correct by the beneficiary or his or her parent or guardian. The Trustee also can
consider the tax consequences resulting from any decision to accumulate or to distribute income
or principal.
ARTICLE VII
TRUSTEES
A. Appointment of Successor Trustees . If we shall both resign or otherwise fail to act as
the Trustee, then shall serve as Trustee without the execution of any further
instrument. If shall be removed, resign or otherwise fail to act as the Trustee
of any trust, then shall serve as a Trustee without the execution of any further
instrument.
If there is a time when no person or institution is acting as a Trustee or a vacancy in the
office of the Trustee shall be deemed to exist, we, if competent, or if we are not competent, then
the majority in number of our children (other than ) shall appoint one or more
individuals or a qualified bank or trust company, or any combination thereof, to fill such
vacancy. Any such appointment shall be made by an instrument signed by the persons making
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the appointment, and shall become effective upon the written acceptance thereof by such
successor Trustee or Trustees.
Any successor Trustee shall have all the rights, powers, titles, duties, discretions and
immunities granted to the original Trustee.
B. Resignation and Removal of Trustees . A Trustee may resign at any time, without
cause, by executing and delivering to the other Trustees, if any, or if none, to each income
beneficiary a written instrument to that effect. If as a result of any resignation or removal there
would be no Trustee serving or a vacancy in the office of Trustee would be deemed to exist, then
such resignation or removal shall not be effective until a successor Trustee is appointed pursuant
to section A above.
C. Accountings . Upon the written request of any income beneficiary, the Trustee shall
furnish such beneficiary with an account showing the receipts, disbursements and inventory of
such trust since the most recent account for such trust. Notwithstanding the above, no Trustee is
required to furnish accounts more often than annually, but may do so voluntarily. No Trustee
shall be required to file accountings in any court or with any public official.
D. Title . The title to the Trust Estate of any trust shall vest forthwith in any successor
Trustee, but any resigning or removed Trustee shall execute all instruments and do all acts
desirable to vest such title in any successor Trustee without court accounting.
E. Approval of Accounts . With the approval of a majority in number of the income
beneficiaries, a successor Trustee may accept the account rendered by and the property received
from a predecessor Trustee without incurring any liability for so doing and such approval shall
serve as a full and complete discharge to the predecessor Trustee.
F. Exoneration of Trustees for Acts of Others . No Trustee shall be liable for the acts or
failures to act of any agent appointed with due care. No Trustee shall be (i) under a duty to
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inquire into the acts or doings of a previous Trustee or to examine the in accounts or records of a
previous Trustee or any allocation of such previous Trustee or (ii) liable for the acts or failures
to act of any previous Trustee or for failing to demand or contest any accounting of any previous
Trustee.
G. Exoneration of Trustees . No Trustee acting in good faith shall be liable for any loss,
liability, expense or damage to the trust estate of any trust occasioned by such Trustee's acts or
failures to act in the administration of the trust (including acts or failures to act in reliance on
opinion of counsel).
H. Waiver of Qualification and Bond . We direct that no Trustee shall be required to
qualify or take an oath before any court or public official in any jurisdiction. We further direct
that no bond or other security shall be required of any Trustee in any jurisdiction in which called
upon to act in the administration of any trust If a bond should be required, then we hereby waive
surety thereon.
I. Compensation . Any corporate Trustee shall be entitled to compensation for services
in administering and distributing any trust in accordance with its then published schedule of fees
for like accounts. Any individual Trustee (other than any child of mine) shall be entitled to
reasonable compensation for services in administering and distributing any trust. Any child of
mine shall serve without compensation. Every Trustee shall be entitled to be reimbursed for
expenses and costs, including legal fees.
J. Authority of Representative . Except as otherwise specifically provided, whenever a
beneficiary is under a legal disability, whether by reason of age or otherwise, the guardian of
such beneficiary’s estate, or the guardian of such beneficiary’s person if no guardian of his or
her estate has been appointed, or such other person as the Trustee considers appropriate, if no
guardian has been appointed for such beneficiary’s estate or person, shall receive all notices and
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accounts, execute all receipts, approve all accounts, and do all other acts for and on behalf of
such beneficiary.
ARTICLE VIII
TRUSTEE’S RIGHTS AND DISCRETIONS
A. Rights and Discretions . We give to the Trustee, subject to the other provisions of this
Declaration of Trust, the rights and discretions set forth below, and except to the extent they may
be inconsistent with the rights and discretions granted herein, all powers set forth in Section
64.1-57 of the Code of Virginia of 1950, as amended to and in effect on the date we execute this
Trust Agreement, which Section we incorporate by this reference. If any asset donated to this
trust does not meet the requirements of the prudent man standard set forth in Section 26-45.1 of
such Code, our Trustee may nevertheless retain the asset for so long as our Trustee may deem
appropriate, subject to the right of to require the disposition of unproductive assets
from the Trust.
1. Retention of Real Estate Holdings . We hereby specifically authorize the retention of any
real estate holding which we own or which is held by this Trust at our death.
2. Foreclosure of Mortgages . To foreclose, as an incident to the collection of any bond or
note, any deed of trust or mortgage securing such bond or note, and bid in the mortgaged
property at such foreclosure sale, or to acquire the property by deed from the mortgagor without
foreclosure; to retain property bid in under foreclosure or taken over without foreclosure for
such time as the Trustee considers advisable, or to dispose of such property by sale, exchange or
otherwise upon such terms and conditions as the Trustee considers advisable;
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3. Creation of Land Trusts . To convey real estate, or any part thereof, to Trustees under
trust agreements relating to real estate (commonly known as “land trusts”) under which the trust
owns part or all of the beneficial interest in such land trust;
4. Lending of Funds . To lend money to our estate, to any beneficiary or to any other person,
upon such terms and with such security, if any, as the Trustee considers advisable; the exercise
of this right to be the exception rather than the rule;
5. Borrowing of Funds . To borrow funds from any person (including a Trustee provided
that any loan by a Trustee shall not exceed the prevailing rate of interest) for such periods and on
such terms as the Trustee considers advisable and to secure any such loan by mortgage, deed of
trust or pledge; no, lender shall be bound to see to or be liable for the application of the
proceeds, and no Trustee shall be personally liable, but each such loan shall be payable only out
of assets of such trust;
6. Obligations . To renew or extend the time of payment of any obligation, including taxes,
secured or unsecured, payable to or by such trust, for as long a period and upon such terms as the
Trustee considers advisable; to pay, adjust, settle, compromise, arbitrate or contest any claim or
demand, including taxes, in favor of or against such trust;
7. Depreciation . To establish or not to establish out of income and credit to principal
reasonable reserves for rehabilitation, major repairs, replacements and losses in value resulting
from wear and tear and obsolescence of tangible property;
8. Consent to Reorganizations . To consent, directly or through a committee or other agent,
to the reorganization, consolidation, merger, dissolution or liquidation, foreclosure or lease or
sale of the property, incorporation or reincorporation, or readjustment of the capital or financial
structure of any corporation in which such trust may have any interest; to become a member of
any stockholders’ or bondholders’ protective committee; to deposit any such stock or other
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securities in accordance with any such transaction; to pay any assessments, expenses and sums of
money for the protection or furtherance of the interests of such trust with reference thereto; and
to receive and retain as investments of such trust any new securities issued as a result of the
execution of any such transaction, whether or not they would be authorized investments but for
this provision; and to make any payment and to take all steps to obtain the benefit of any such
transaction;
9. Division and Allocation of Assets . In any case in which the Trustee is authorized or
required to divide the principal or income of such trust into shares or to distribute principal or
income, to make such division or distribution in kind, or partly in kind and partly in money and
to allocate or distribute undivided interests or different assets or disproportionate interests in
assets, provided that each asset distributed in kind shall be valued at its date of distribution
value; to hold several trusts as a common fund, dividing the income proportionately among
them, assign undivided interests to several trusts, and make joint investments of the funds
belonging to them;
10. Location of Assets and Situs of Trust . To keep any property at any place or places in the
United States or abroad, or with a depositary or custodian at such place or places, and to change
the situs of any trust;
11. Bank Accounts . To open and maintain one or more checking or savings accounts with
any bank, trust company, savings and loan or building and loan association, or any other
financial institution, wherever located, (even though such financial institution is a Trustee) and
to deposit to the credit of any such account all or any part of the funds belonging to any trust,
whether or not such funds earn interest;
12. Abandonment of Property . To abandon any property, real or personal, which the Trustee
considers to be worthless or not of sufficient value to warrant keeping or protecting, and to
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abstain from the payment of taxes, liens, water rents, assessments, repairs, maintenance or
upkeep of any such property; to permit any such property to be lost by tax sale or other
proceedings; or to convey any such property for a nominal consideration or without
consideration;
13. Insurance . To carry insurance against such hazards, including public liability, and in
such amounts in either stock companies or mutual companies as the Trustee considers advisable;
14. Accumulations of Income . To exercise all rights, powers and discretions with respect to
all accumulations of income held in such trust;
15. Termination of Trusts . To exercise all rights, powers and discretions after the
termination of such trust and until the same is fully distributed;
16. Determination of Income and Principal . To determine in accordance with applicable
statutes or rules of law the manner of ascertainment of income and principal and the allocation
or apportionment between income and principal of all receipts and disbursements, and whenever
there is reasonable doubt or uncertainty as to the applicable statutes or rules of law, to
reasonably determine which receipts and disbursements should be credited to or charged against
income or principal; provided, however, we direct that regular partnership distributions and
distributions of periodic cash flow from any direct or indirect interest in real property be
considered net income for accounting but not for income tax purposes, and be distributable as
such, even though a portion thereof may constitute depreciation or amortization, provided that
current debt service obligations of the property or interest (including principal) have been met
and distributions which are received by the Trustee which are made with proceeds of refinancing
shall be treated as principal.
17. Appointment of Special Trust . To appoint or remove from time to time by written
instrument any individual or qualified corporation, wherever located, as special Trustee as to
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part or all of the property of such trust, including property as to which the Trustee does not act,
and such special Trustee, except as specifically limited or provided by this or the appointing
instrument, shall have all of the rights, powers, titles, duties, discretions and immunities of the
Trustee; and
18. Nonliability for Compliance with Environmental Laws . The Trustee shall not be
personally liable to any beneficiary of any trust, or to any other party interested in any trust, for
any claim against the trust for the diminution in value of trust property arising from the
compliance by the Trustee with any federal, state, or local law, rule, or regulation including: (1)
the reporting of or other response to the contamination of trust property by substances or
materials prohibited or regulated by federal, state, or local law or that are known to pose a
hazard to the environment or to human health, (2) the reporting of or other response to violations
of any other federal, state, or local law, rule, or regulation involving materials or substances
regulated by federal, state, or local law or that are known to pose a hazard to the environment or
human health , or (3) other matters relating to environmental laws; and
19. Refusal of Addition . To decline to make the addition of property directed to be added to
any trust and to instead administer the property as a separate trust with provisions identical to the
trust if the inclusion ratio for generation skipping transfer tax purposes of the property directed
to be added to the trust is different from the inclusion ratio of such trust.
20. All Necessary Acts . To perform all other acts which the Trustee considers advisable for
the advantageous management, investment and distribution of such trust.
B. Merger of Trusts . If at any time the Trustee is holding any trust for the primary
benefit of any persons (other than ) for whose primary benefit the Trustee is holding
any other trust upon substantially the same terms, the Trustee may consolidate such trusts and
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hold them as a single trust, So long as no property will be held in trust for a period which would
violate any rule against perpetuities.
C. Small Trust Termination . Notwithstanding any other provision, if at any time the
Trustee determines that the value of any trust does not warrant the cost of continuing the same in
trust, or if its administration would be otherwise impractical, the Trustee, in full discharge of its
duties and without court accounting, may distribute the remaining principal and accrued and
undistributed income of such trust equally to the remainder beneficiaries.
D. Individual as Trustee . Notwithstanding any other provision, whenever an individual
is serving as a Trustee, he or she shall not make or participate in any Trustee decision with
respect to (i) discretionary distributions of principal or income to himself or herself, or to or for
his or her benefit, which are not limited by an ascertainable standard relating to health, education
or support, (ii) distributions of principal or net income to or for the benefit of any person whom
he or she is legally obligated to support and which distribution constitutes support under
applicable law or (iii) the early termination of a trust of which he or she is a beneficiary.
ARTICLE IX
PERPETUITIES
Any trust which has not vested within 21 years after the death of the last of us to die, and
all our descendants living at the date this Trust Agreement, shall not be held in further trust, but
at the expiration of that period shall be distributed, absolutely and in fee simple, equally to the
income beneficiaries.
ARTICLE X
EXONERATION OF THIRD PERSONS
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No person dealing with any Trustee shall be (i) responsible for the application of any
purchase money or other thing of value paid or delivered to it and a receipt of any Trustee shall
be effective to fully discharge and release any such person from all liabilities, or (ii) under any
obligation to ascertain or inquire into the power of such Trustee to purchase, sell, exchange,
transfer, mortgage, pledge, lease, distribute or otherwise in any manner dispose of or deal with
any security or other property held by the Trustee.
ARTICLE XI
PROTECTION FROM CLAIMS
Except as provided below, to the extent permitted by law, no income or principal
distributable or to become distributable shall be subject in any manner to being anticipated,
assigned, charged, encumbered or transferred by any person deriving any right or tide thereto,
nor shall such income or principal be in any manner liable in the hands of the Trustee for the
debts, contracts, or other instruments or obligations (including alimony and child support
payments) of any such person, nor shall the same be subject to execution, attachment or
sequestration for any debts or liabilities of any such person, or for any care, necessities or
services provided to or for such person. Furthermore, we declare that it is our intent, as
expressed herein, that because this trust is to be conserved and maintained for the special needs
of , no part of the corpus thereof, neither principal nor undistributed income, shall be
subject to the claims of voluntary or involuntary creditors for the provisions of care and services,
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including residential care, by any public entity, office, department or agency of any state or local
government, or of the United States.
ARTICLE XII
VIRGINIA TRUSTEES
If at any time and from time to time any Trustee designated or appointed pursuant to the
other provisions of this Trust Agreement is not a resident of Virginia, and, but for this article
could not so act as such Trustee because Virginia law requires a Virginia resident to so act, or if
the Trustee so designated or otherwise appointed can so act but considers it desirable to have a
Virginia resident to act as a Trustee, then the Trustee designated or appointed pursuant to the
other provisions of this Trust Agreement shall (i) serve as the Trustee and (ii) appoint a Virginia
resident as Special Trustee. Such Special Trustee, except as specifically limited or provided by
the appointing instrument, shall have all of the rights, powers, titles, duties, discretions and
immunities of the Trustee. Any Special Trustee may be removed, without cause, by the Trustee
so designated or appointed pursuant to the other provisions of this Declaration of Trust.
ARTICLE XII
REVOCABILITY AND BINDING EFFECT OF AGREEMENT
This Trust Agreement shall be revocable and shall extend to and be binding upon our
executors and representatives.
ARTICLE XIV
MISCELLANEOUS PROVISIONS
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A. Counterparts and Copies . This Trust Agreement may be signed in several
counterparts each of which shall have the rank and dignity of an original. Any person may rely
on a copy of this Trust Agreement certified by any Trustee to be in effect and to be a true and
correct copy. Such certified copy shall be considered as an original and shall relieve any person
to whom or which a certified copy is delivered of any duty to inquire further.
ARTICLE XV
CONSTRUCTION PROVISIONS
A. Trustees . The terms “Trustee” and “Trustees” mean the person or persons, whether
named herein or selected in any other manner, acting as such from time to time.
B. Descendants . The term “descendants” means children and more remote lawful
descendants of the designated ancestor. This term also includes persons who have been adopted
during their minority according to law or under any court proceeding and the descendants of any
such adopted person.
C. Income Beneficiaries . The terms “income beneficiary” and “income beneficiaries”
mean the person or persons who receive, or in the Trustee’s discretion may receive, the net
income of a trust.
D. Gender and Number . The masculine, feminine and neuter genders shall be
considered to include all genders, and the singular, the plural and vice versa, except where such
construction would be unreasonable.
E. Per Stirpes Distribution . Whenever property is required to be distributed per stirpes
to the then living descendants of any designated person, the stirpes shall begin with the children
of such designated person even though such designated person may have no children then living.
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F. Survivorship . A person shall be considered to have predeceased and not to have
survived another if he or she shall die within 30 days after the death of such other person,
provided that this section shall not apply in any case where its application would cause any
provision which would otherwise be valid to be void under any rule against perpetuities, rule
limiting suspension of the power of alienation or other similar rule.
G. Governing Law . All questions pertaining to the validity, construction and
administration of this Trust Agreement shall be determined in accordance with the laws of the
Commonwealth of Virginia.
H. Headings . The headings are inserted solely for convenient reference and shall be
ignored in the construction of this Declaration of Trust.
IN WITNESS WHEREOF, we have executed this Trust Agreement on the day and year
first above written.
__________________________________
Grantor and Trustee
__________________________________
Grantor and Trustee
STATE OF VIRGINIA,
CITY/COUNTY OF _____________________, to-wit:
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The foregoing instrument was acknowledged before me this day of ,
20 , by and as Grantors and co-
Trustees.
___________________________
Notary Public
My Commission Expires:
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SPECIAL NEEDS TRUST
SCHEDULE A
1. $10.00 cash .
2. Real estate as listed on attached deed.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
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