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Declarations

The document outlines a step-by-step process for transferring assets from a UTMA account or trust to an individual upon reaching adulthood, including necessary declarations and legal compliance. It provides specimen wording for various notifications and declarations required for asset transfer, as well as guidelines for creating a new trust. Additionally, it includes variations for Australian law and a multi-jurisdictional approach based on natural rights principles.

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0% found this document useful (0 votes)
2 views7 pages

Declarations

The document outlines a step-by-step process for transferring assets from a UTMA account or trust to an individual upon reaching adulthood, including necessary declarations and legal compliance. It provides specimen wording for various notifications and declarations required for asset transfer, as well as guidelines for creating a new trust. Additionally, it includes variations for Australian law and a multi-jurisdictional approach based on natural rights principles.

Uploaded by

sandixxx.us
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as ODT, PDF, TXT or read online on Scribd
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1.

Notify Custodian:
 Request asset transfer from the UTMA custodian.
 Specimen Wording:
Notice of UTMA Account Termination

To: [Custodian Name]

I, [Your Full Name], born on [Date of Birth], have reached the age

of twenty-one (21) as of [Date]. I request the transfer of all

assets in UTMA account [Account Number] to my control, as I am the

cestui que trust entitled to these assets, per Bolen v. Welch (135

N.W. 164, Wis. 1912).

Signed: ____________________

Date: ____________________

2. Declare Sui Juris and Sound Mind:


 Affirm legal capacity and equitable interest.
 Specimen Wording:
Declaration of Sui Juris and Sound Mind

I, [Your Full Name], born on [Date of Birth], declare that as of

[Date], I am twenty-one (21), of sound mind, and sui juris, with

full capacity to manage my affairs. As cestui que trust, I assert

my equitable interest in UTMA account [Account Number], per Bolen

v. Welch (135 N.W. 164, Wis. 1912), and comply with FinCEN

beneficial ownership rules.

Signed: ____________________

Date: ____________________

3. Submit Documentation:
 Submit declaration and ID; use affidavit if delayed.
 Specimen Wording (Affidavit):
Affidavit for UTMA Asset Transfer

I, [Your Full Name], declare under penalty of perjury that I am

twenty-one (21) as of [Date], born on [Date of Birth], of sound

mind, and sui juris. I am the beneficiary of UTMA account [Account

Number]. The custodian has failed to transfer assets. I demand

immediate transfer, supported by my birth certificate.

Signed: ____________________

Date: ____________________

Notarized: ____________________
4. Settle Accounts and Terminate Trust:
 Verify assets, settle accounts, and terminate the UTMA trust.
 Specimen Wording:
Notice of UTMA Trust Termination

I, [Your Full Name], born on [Date of Birth], terminate the UTMA

trust for account [Account Number], having reached twenty-one (21).

I direct the custodian to settle all accounts and transfer assets,

per my equitable interest as cestui que trust (Bolen v. Welch, 135

N.W. 164, Wis. 1912).

Signed: ____________________

Date: ____________________

5. Consult Attorney:
 Ensure compliance with FinCEN and IRS rules (Crocker v. Malley).
 Specimen Wording: None needed.
6. Draft Trust Deed:
 Create the LukaArchie trust, ensuring privacy and compliance.
 Specimen Wording:
Trust Deed of LukaArchie Express Trust Organization

This irrevocable trust, LukaArchie Express Trust Organization, is

established on [Date] by [Your Full Name], Grantor and Trustee, who

is sui juris. The trust holds UTMA assets for [Beneficiaries].

Trustees are indemnified for good-faith actions. Income is

distributed to beneficiaries, per Crocker v. Malley (249 U.S. 223,

1919), with FinCEN compliance.

Signed: ____________________

Date: ____________________

7. Appoint Trustee/Executor:
 Appoint yourself as trustee/executor.
 Specimen Wording:
Appointment of Trustee and Executor

I, [Your Full Name], born on [Date of Birth], appoint myself

trustee and executor of the LukaArchie Express Trust Organization,

per my equitable interest as cestui que trust (Bolen v. Welch, 135

N.W. 164, Wis. 1912).

Signed: ____________________

Date: ____________________

8. Transfer Assets to Trust:


 Transfer UTMA assets to the trust.
 Specimen Wording:
Asset Transfer Directive

I, [Your Full Name], direct the transfer of UTMA account [Account

Number] assets to the LukaArchie Express Trust Organization,

effective [Date], per my rights as cestui que trust (Bolen v.

Welch, 135 N.W. 164, Wis. 1912) and FinCEN compliance.

Signed: ____________________

Date: ____________________

Australian Version
Context: Assumes a trust or custodial account under Australian law, governed by state
trust laws and ATO rules. ATO TR 2018/6 defines vesting, and AG: Absolute Rights
supports property rights.

1. Confirm Age:
 Verify you are 18 or 21, per trust deed or state law.
 Specimen Wording: None needed.
2. Gather Documentation:
 Obtain a certified birth certificate or ID Victorian Law Reform .
 Specimen Wording: None needed.
3. Notify Trustee/Custodian:
 Request asset transfer from the trust custodian.
 Specimen Wording:
Notice of Trust Asset Transfer

To: [Trustee Name]

I, [Your Full Name], born on [Date of Birth], have reached the age

of [18/21] as of [Date]. I request the transfer of all assets in

trust account [Account Number] to my control, as beneficiary, per

ATO trust vesting principles (https://www.ato.gov.au/businesses-

and-organisations/trusts/trust-vesting).

Signed: ____________________

Date: ____________________

4. Declare Sui Juris and Sound Mind:


 Affirm legal capacity and equitable interest.
 Specimen Wording:
Declaration of Sui Juris and Sound Mind

I, [Your Full Name], born on [Date of Birth], declare that as of

[Date], I am [18/21], of sound mind, and sui juris, with full

capacity to manage my affairs. I assert my equitable interest in


trust account [Account Number], per ATO TR 2018/6 and human rights

principles (https://www.ag.gov.au/rights-and-protections/human-

rights-and-anti-discrimination/international-human-rights-system).

Signed: ____________________

Date: ____________________

5. Submit Documentation:
 Submit declaration and ID; use affidavit if delayed.
 Specimen Wording (Affidavit):
Affidavit for Trust Asset Transfer

I, [Your Full Name], declare that I am [18/21] as of [Date], born

on [Date of Birth], of sound mind, and sui juris. I am the

beneficiary of trust account [Account Number]. The trustee has

failed to transfer assets. I demand immediate transfer, supported

by my birth certificate.

Signed: ____________________

Date: ____________________

Notarized: ____________________

6. Settle Accounts and Terminate Trust:


 Verify assets, settle accounts, and terminate the trust.
 Specimen Wording:
Notice of Trust Termination

I, [Your Full Name], born on [Date of Birth], terminate the trust

for account [Account Number], having reached [18/21]. I direct the

trustee to settle all accounts and transfer assets, per ATO TR

2018/6 and my equitable interest.

Signed: ____________________

Date: ____________________

7. Consult Attorney:
 Ensure compliance with AUSTRAC and ATO rules.
 Specimen Wording: None needed.
8. Draft Trust Deed:
 Create the LukaArchie trust, ensuring vesting compliance ATO TR 2018/6 .
 Specimen Wording:
Trust Deed of LukaArchie Express Trust Organization

This irrevocable trust, LukaArchie Express Trust Organization, is

established on [Date] by [Your Full Name], Grantor and Trustee, who

is sui juris. The trust holds assets for [Beneficiaries]. Trustees


are indemnified, per Trustees Act 1962 (WA). Vesting occurs within

80 years, per ATO TR 2018/6 and AUSTRAC compliance.

Signed: ____________________

Date: ____________________

9. Appoint Trustee/Executor:
 Appoint yourself as trustee/executor.
 Specimen Wording:
Appointment of Trustee and Executor

I, [Your Full Name], born on [Date of Birth], appoint myself

trustee and executor of the LukaArchie Express Trust Organization,

per my equitable interest and ATO trust principles

(https://www.ato.gov.au/businesses-and-organisations/trusts/trusts-

trustees-and-beneficiaries).

Signed: ____________________

Date: ____________________

10.Transfer Assets to Trust:


 Transfer assets to the trust, per Corporations Act 2001 .
 Specimen Wording:
Asset Transfer Directive

I, [Your Full Name], direct the transfer of trust account [Account

Number] assets to the LukaArchie Express Trust Organization,

effective [Date], per ATO TR 2018/6 and AUSTRAC compliance.

Signed: ____________________

Date: ____________________

Multi-Jurisdictional Version (Common Sense and Natural Law)


Context: Based on the universal principle that adults have a natural right to control their
property, subject to transparency obligations. No statutes are quoted, but the process
reflects Bolen v. Welch’s cestui que trust concept and FATF principles.

1. Confirm Adulthood:
 Verify you are an adult (typically 21).
 Specimen Wording: None needed.
2. Gather Proof of Identity:
 Obtain a birth certificate or ID.
 Specimen Wording: None needed.
3. Notify Custodian:
 Request asset transfer from the account holder.
 Specimen Wording:
Notice of Account Asset Transfer
To: [Custodian Name]

I, [Your Full Name], born on [Date of Birth], am an adult as of

[Date]. As the rightful beneficiary, I request the transfer of all

assets in account [Account Number] to my control, asserting my

natural right to my property.

Signed: ____________________

Date: ____________________

4. Declare Independence and Capacity:


 Affirm your ability to manage your affairs.
 Specimen Wording:
Declaration of Independence and Capacity

I, [Your Full Name], born on [Date of Birth], declare that as of

[Date], I am an adult, of sound mind, and fully capable of managing

my affairs. I assert my natural right as beneficiary to control

assets in account [Account Number], ensuring transparency as a

responsible steward.

Signed: ____________________

Date: ____________________

5. Submit Proof:
 Submit declaration and ID; use affidavit if delayed.
 Specimen Wording (Affidavit):
Affidavit for Asset Transfer

I, [Your Full Name], declare that I am an adult as of [Date], born

on [Date of Birth], and of sound mind. I am the beneficiary of

account [Account Number]. The custodian has failed to transfer

assets. I demand immediate transfer, supported by my ID.

Signed: ____________________

Date: ____________________

Notarized: ____________________

6. Settle and Close Account:


 Verify assets, settle accounts, and close the custodial arrangement.
 Specimen Wording:
Notice of Account Closure

I, [Your Full Name], born on [Date of Birth], close the custodial

arrangement for account [Account Number], having reached adulthood.


I direct the custodian to settle all accounts and transfer assets,

per my natural rights.

Signed: ____________________

Date: ____________________

7. Seek Guidance:
 Consult a trusted advisor for transparency compliance.
 Specimen Wording: None needed.
8. Create New Trust:
 Establish the LukaArchie trust for asset protection.
 Specimen Wording:
Trust Agreement of LukaArchie Express Trust Organization

This private trust, LukaArchie Express Trust Organization, is

created on [Date] by [Your Full Name], Founder and Manager, who is

of sound mind. The trust holds assets for [Beneficiaries]. Managers

are protected from personal liability and ensure transparency per

global standards.

Signed: ____________________

Date: ____________________

9. Appoint Manager:
 Appoint yourself as trust manager.
 Specimen Wording:
Appointment of Trust Manager

I, [Your Full Name], born on [Date of Birth], appoint myself

manager of the LukaArchie Express Trust Organization, per my

natural right to control my property.

Signed: ____________________

Date: ____________________

10.Transfer Assets:
 Move assets to the trust.
 Specimen Wording:
Asset Transfer Directive

I, [Your Full Name], direct the transfer of account [Account

Number] assets to the LukaArchie Express Trust Organization,

effective [Date], per my natural rights as beneficiary.

Signed: ____________________

Date: ____________________

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