Virgin Islands Declaration of Trust
Description
How to fill out Declaration Of Trust?
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FAQ
A declaration of trust, or nominee declaration, appoints a trustee to oversee assets for the benefit of another person or people. The declaration also describes the assets that are to be held in the trust and how they are to be managed.
It's a legal document, also referred to as a deed of trust, which records the financial arrangements between everyone who has a financial interest in the property. This could be necessary if you're buying as a joint owner or getting help from someone else, such as a parent.
Trusts are generally created by a private document to which the settlor, the trustees and any protector are the only parties. The trust instrument does not have to be filed with any public body in the BVI, and information relating to the trust is not accessible by the general public.
The most common example of when a declaration of trust is used is the situation where an adult son or daughter borrows money for a deposit on a first house from his or her parents. The parents may have a mortgage already, and the terms of that mortgage prevent them from borrowing under another.
Three certainties Certainty of intention: it must be clear that the testator intends to create a trust. Certainty of subject matter: it must be clear what property is part of the trust and property, including sum of money, cannot be separated. Certainty of objects: it must be clear who the beneficiaries (objects) are.
Local Requirements BVI trusts are subject to a US$200 Trust Duty payable on the execution of the trust deed. BVI trusts are exempt from all local registration requirements and all BVI taxes if the trust Beneficiaries are not residents of the BVI.