Private Settlor Trust
____________________
Organized Under U.S. Code Title 8 CHAPTER 12 SUBCHAPTER I § 1101 (a)(28)

This Private Settlor Trust Agreement, hereinafter referred to as PST, and or Trust; organized under 8 USC § 1101 (a) (28), is made on this [date] by and between [Settlor’s Full Name], hereinafter referred to as the “Settlor,” and [Trustee’s Full Name], hereinafter referred to as the “Trustee.”

1. Declaration of Trust

The Settlor hereby establishes this PST, irrevocably transferring the property listed in Schedule A to the Trustee, who agrees to hold, manage, and distribute Trust property in accordance with the terms and conditions set forth in this Trust Agreement.

2. Purpose of the Trust

This Trust is established to:

Provide for the financial well-being and support of designated beneficiaries.

Foster connections among individuals and communities worldwide who share an interest in sustainable, holistic living practices.

Support educational programs, initiatives, and community projects focused on:

Off-Grid Living: Sharing practical knowledge and resources for living independently from conventional utility infrastructures.

Sustainable Food Production: Promoting techniques in organic gardening, permaculture, electroculture and self-sustaining food systems to encourage local food security and health.

Natural and Holistic Lifestyles: Educating and empowering individuals to live in harmony with nature, emphasizing practices that honor natural resources, conservation, and holistic health.

The Trustee is encouraged to allocate funds, resources, or other support toward projects, educational initiatives, and organizations that align with these values, facilitating a worldwide community of shared learning and inclusive existence.

3. Trust Property

The property initially transferred to this Trust is outlined in Schedule A, attached hereto and incorporated by reference. Additional contributions to the Trust may be accepted solely at the discretion of the Trustee.

 

 

4. Settlor’s Limited Role

The Settlor’s role is limited to the initial contribution of property to the Trust, with no retained rights or powers to direct trust activities, control assets, or receive trust income or principal. The Settlor shall have no power to amend, revoke, or alter any provision of this Trust Agreement once executed. Settlor has the right to recommend one descendant as a beneficiary to the Trust at inception.

5. Powers and Duties of the Trustee

The Trustee shall hold exclusive authority over the management, investment, and distribution of Trust assets, with the following powers:

To invest and reinvest Trust assets according to the Trust’s goals and in the best interest of the beneficiaries.
To distribute income and/or principal to or for the benefit of the beneficiaries at the Trustee’s sole discretion, subject to any terms set forth herein.
To engage professional advisors, as needed, and to delegate powers to such advisors, where advisable.

6. Beneficiaries

The beneficiaries of this Trust are those individuals and entities designated by the Trustee, which may include the Trustee’s family members or other persons and entities the Trustee determines to be appropriate recipients of the Trust’s benefits, in alignment with the Trust’s purpose. The Settlor shall have no rights or entitlements as a beneficiary of this Trust, except as designated in section 4, Settlor’s Limited Role.

The Trustee has the discretion to identify, modify, or limit the entitlements of each beneficiary as appropriate to the Trust’s objectives and in accordance with the Trustee’s fiduciary responsibilities.

7. Irrevocability/Revocability

This Trust is revocable by the Trustee who reserves the right to alter, amend, or revoke this Trust, in whole or in part, at any time, without consult, but by formal written declaration written to all parties of the Trust.

8. Liability of Settlor and Trustee

Settlor: The Settlor shall have no liability related to the actions, decisions, or liabilities of the Trust once the initial contribution is made.
Trustee: The Trustee shall act in a fiduciary capacity and is not personally liable for any obligations of the Trust except for breaches of fiduciary duty.

9. Governing Law and Legal Foundation

This Trust shall be governed by the laws of the State of [Insert State] and shall be interpreted under principles consistent with common law as applicable to state nationals and/or respective origin of parties to the Trust.

Legal Foundation and Constitutional Basis
This Trust is established as a common-law trust, rooted in the principles of private contracts, protected under Article 1, Section 10 of the U.S. Constitution. This provision guarantees the right of individuals to enter into private contracts without undue interference, which is foundational to the creation and operation of this Trust. As a private trust organized under common law, its administration and obligations supersede statutory law and are governed primarily by Supreme Court rulings affirming the sanctity of private contracts within federal jurisdiction.

The Trustee shall manage the Trust with respect to these common law principles, prioritizing the private nature of the trust agreement and the constitutional protections afforded to it.

10. Trustee Succession Upon Death or Incapacity of Trustee

a. Successor Trustee Appointment: Upon the death or incapacity of the Trustee, [Name an individual, entity, or a process for selecting a successor, e.g., “the Trustee’s nominated successor” or “the following individual(s) in order of priority: [list names]”] shall immediately assume the role of Successor Trustee without requiring additional formalities.

b. Duties of Successor Trustee: The Successor Trustee shall inherit all fiduciary duties, powers, and responsibilities outlined in this Trust Agreement, and shall carry forward the Trust’s objectives as set forth herein.

c. Nomination of Additional Successors: The Trustee may nominate additional successor Trustees during their lifetime by delivering a signed, written declaration to be held on record with the Trust documents. In the absence of a nominated successor, the [choose a trusted role, e.g., “beneficiaries” or “a court-appointed fiduciary”] may appoint a qualified individual or entity to serve as Successor Trustee, ensuring continuity of Trust management.

d. No Liability for Previous Trustee’s Actions: The Successor Trustee shall not bear responsibility or liability for any acts or omissions of a predecessor Trustee.

11. Privacy of the Trust

a. Private Nature of Trust: This Trust is established as a private trust, intended solely for the benefit of the designated beneficiaries. It shall not be subject to public disclosure beyond what is required by law.

b. Limited Disclosure: The Trustee shall keep all Trust documents, communications, and financial records confidential and shall not disclose any information regarding the Trust, its assets, or its beneficiaries to third parties except as necessary for the administration of the Trust, compliance with legal obligations, or with the express consent of all beneficiaries.

c. Minimized Reporting: The Trustee shall exercise reasonable efforts to limit any reporting of Trust activities to only what is required by applicable law. This includes minimizing public filings and ensuring that any mandatory disclosures are made in a manner that does not reveal unnecessary details about the Trust’s assets or the identity of its beneficiaries.

d. Beneficiary Confidentiality: All beneficiaries of the Trust shall be required to maintain confidentiality regarding the Trust and its activities, except as permitted by the Trustee or as required by law.

 

 

 

12. Signatures

Settlor:

[Settlor’s Full Name]
Date: [Date]

Trustee:

[Trustee’s Full Name]
Date: [Date]

Schedule A: Initial Trust Property
[List and describe property initially contributed to the Trust here.]

Common-law trusts are filed as complex trusts using Form 1041