Deed of Ante-nuptial Settlement
This settlement is made the ………… day of …………… 2000 between AB of, etc. (intended husband and settlor) of the first part, CD of, etc. (intended wife), of the second part, and EF of, etc., and GH of, etc., hereinafter called the trustees of the third part.
Whereas a marriage is intended to be solemnized shortly between the said AB and CD and upon the treaty of the said marriage it was agreed that the settlement hereinafter appearing shall be effected: and whereas with a view to effect such settlement the said AB has, with the consent and approbation of the said CD, agreed to transfer in the names of the trustees the property, hereinafter described: now this deed witnesses as follows:
1. In pursuance of the said agreement and in consideration of the intended marriage, the said AB as the beneficial owner, with the approbation of the said CD do hereby grant, convey, transfer and assign unto and to the use of the trustees all that etc., (describe the property) to have and to hold the same in trust for the said AB until the said intended marriage, and after the solemnization of the said marriage upon trusts hereinafter declared.
2. The trustees shall, after the solemnization of the said marriage, stand possessed of the said property (hereinafter referred to as the trust property), upon trust either to hold the same as at present situated (or invested) or, with the consent of in writing of the said AB and CD during their joint lives and the survivor during his or her life, to sell the same and invest the proceeds thereof in any investments which may for the time being be authorized by law for the investment of trust funds, and stand possessed thereof and of the investments from time to time representing the same upon trust to pay the income thereof to the said AB during his life, and after his death to pay the same to the said CD during her life, and after the death of the survivor of them, the said AB and CD to stand possessed of the Trust Estate in trust for such child, children or remoter issue of the said intended marriage in such shares (if more than one) and in such manner as the said AB and CD shall by deed or deeds jointly appoint, and in default of any such appointment, or so far as the same shall not extend in trust for the child or all the children of the said marriage who, being sons, shall attain the age of 21 years or, being daughters, shall attain that age or marry under that age, in equal shares: but if there shall be no child of the said intended marriage who shall live to attain a vested interest in the Trust Funds, in trust for such person or persons as under the law for the distribution of the estates of intestates would, on the death of the said CD, have been entitled, if she had died possessed thereof intestate and without having been married.
3. The trustees may, at any time or times, with the consent in writing of the said AB and CD during their joint lives, and of the survivor of them during his or her life, and after decease of such survivor at the sole discretion of the trustees, raise any part of parts, not exceeding one-half, of the vested or presumptive share of any child or other issue of the said intended marriage, of and in the Trust Estate, and may pay or apply the same for his or her advancement or benefits as they shall think fit.
4. The said AB and CD during their joint lives, and the survivor of them, during his or her life, shall have power to appoint new trustee or trustees.
5. The said CD may, after the death of the said AB, grant either by deed or will a life interest in a moiety of the Trust Estate in favour of any future husband whom she may marry.
6. The trustees shall not be responsible for any bona fide act, default, omission or error in judgment on the part of the said AB about maintenance, preservation or repair of the said property or any part thereof or for any loss or damage occasioned thereto by the said AB.
7. Provided, however, and it is hereby expressly agreed by and between the parties that in case the said intended marriage breaks off this deed shall stand ipso facto cancelled and be void and of no effect and the said property hereby assigned shall be reassigned to the said AB or as he shall direct.
In witness whereof the parties herein have signed these presents on the day, month and year above-written.
Signed, sealed and delivered by CD the intended wife in the presence of:
Signed, sealed and delivered by EF and GH the trustees in the presence of:
Signed, and sealed and delivered by AB the settlor in the presence of: