Trust Act [Chapter 12:02] compliant template with complete registration guide
A deed of trust (also called a trust deed or trust instrument) is the founding legal document that creates and governs a trust. A trust is an arrangement where a person (the founder) transfers assets to another person or persons (the trustees) to hold and manage for the benefit of specified persons (the beneficiaries).
In Zimbabwe, trusts are governed by the Trust Act [Chapter 12:02]. All trusts must be registered with the Master of the High Court, who supervises trust administration. The deed of trust is the constitution of the trust — it defines its name, objectives, the powers of the trustees, the rights of the beneficiaries, and the rules for the trust's operation and eventual dissolution.
Trusts are widely used in Zimbabwe for asset protection, estate planning, property ownership, charitable purposes, family wealth management, and investment holding. They offer significant advantages in protecting assets from creditors, managing inheritance, and providing for future generations.
| Type | Purpose | Common Uses |
|---|---|---|
| Family Trust | Manage and protect family assets | Property ownership, inheritance planning, wealth preservation |
| Testamentary Trust | Created by a will, takes effect upon death | Providing for minor children, managing inheritance for beneficiaries |
| Charitable Trust | Public benefit purposes | Education, healthcare, community development, religious purposes |
| Business Trust | Commercial activities | Investment holding, property development, joint ventures |
| Special Trust | Specific purpose | Education funds, medical funds, maintenance of dependants |
| Legislation | Key Provisions |
|---|---|
| Trust Act [Chapter 12:02] | Formation, registration, administration, and dissolution of trusts |
| Income Tax Act [Chapter 23:06] | Taxation of trust income (trusts are separate taxpayers) |
| Deeds Registries Act [Chapter 20:05] | Registration of immovable property in trust names |
| Administration of Estates Act [Chapter 6:01] | Interaction with deceased estate administration |
| Master's Regulations | Registration procedures and ongoing reporting requirements |
The trust must have a unique name. Common naming conventions include “[Surname] Family Trust,” “[Purpose] Trust,” or a creative name. The Master of the High Court may reject a name that is too similar to an existing trust.
The founder is the person who creates the trust by donating the initial assets (even if nominal, such as USD 1). The founder may also be a trustee or beneficiary, but this has tax implications. A company can also be a founder.
Trustees are the persons appointed to manage the trust's affairs. The deed must specify how trustees are appointed, how they may be removed, the minimum and maximum number, their powers and duties, and the quorum for trustee meetings. Trustees have a fiduciary duty to act in the best interests of the beneficiaries.
Beneficiaries are the persons who benefit from the trust. They may be named individuals, a class of persons (e.g., “the descendants of the founder”), or the public (for charitable trusts). The deed must define the beneficiaries' rights to income and/or capital.
Clearly state what the trust is established to achieve: holding property, managing investments, providing education funding, charitable purposes, etc. The objectives determine the scope of the trustees' powers.
Define the specific powers granted to the trustees, such as the power to buy, sell, and lease property, invest trust funds, borrow money, enter into contracts, distribute income and capital, and employ professionals.
Specify how often trustees must meet, what constitutes a quorum, how decisions are made (majority vote or unanimity), and how meetings are convened and recorded.
Include provisions for amending the deed of trust (usually requiring a specified majority of trustees and sometimes the Master's approval) and for dissolving the trust (how assets will be distributed upon dissolution).
Made in terms of the Trust Act [Chapter 12:02]
TRUST NAME: [THE _______________ TRUST]
DATE OF EXECUTION: [DAY] [MONTH] [YEAR]
1. INTERPRETATION
In this Deed of Trust, unless the context indicates otherwise:
“The Trust” means the [TRUST NAME] established by this Deed.
“Founder” means [Full Name], ID [______________].
“Trustees” means the persons appointed to administer the Trust.
“Beneficiaries” means the persons specified in clause 5.
“Master” means the Master of the High Court of Zimbabwe.
“Trust Property” means all assets held by the Trust from time to time.
2. ESTABLISHMENT
(a) The Founder hereby establishes a trust to be known as the [TRUST NAME].
(b) The Founder donates the initial amount of USD [1.00] (One United States Dollar) to the Trust as the founding capital.
(c) The Trust shall be registered with the Master of the High Court in terms of the Trust Act [Chapter 12:02].
3. OBJECTIVES
The objectives of the Trust are:
(a) [To acquire, hold, manage, and administer property for the benefit of the Beneficiaries]
(b) [To invest Trust funds for the benefit of the Beneficiaries]
(c) [To provide for the education, maintenance, and welfare of the Beneficiaries]
(d) [To carry on such lawful activities as the Trustees may determine to further the Trust's objectives]
(e) [Additional objectives as required]
4. TRUSTEES
(a) The initial Trustees shall be:
(i) [Full Name] ID: [______________] Address: [___]
(ii) [Full Name] ID: [______________] Address: [___]
(iii) [Full Name] ID: [______________] Address: [___]
(b) The minimum number of Trustees shall be [2] and the maximum [5].
(c) New Trustees shall be appointed by a resolution of the existing Trustees, subject to the Master's approval.
(d) A Trustee shall cease to hold office upon death, resignation (by 30 days' written notice), insolvency, mental incapacity, or removal by the Master for breach of duty.
(e) The Trustees shall elect a Chairperson from among their number.
5. BENEFICIARIES
(a) The Beneficiaries of the Trust shall be:
(i) [Full Name] ID: [______________]
(ii) [Full Name] ID: [______________]
(iii) [Describe class of beneficiaries, e.g., “the descendants of the Founder”]
(b) The Trustees may, at their discretion, add further Beneficiaries by resolution, provided they fall within the class described above.
(c) No Beneficiary shall have any right to demand distribution of income or capital; distributions shall be at the sole discretion of the Trustees.
6. POWERS OF TRUSTEES
The Trustees shall have the following powers, exercisable in furtherance of the Trust's objectives:
(a) To acquire, hold, manage, let, sell, exchange, or otherwise deal with immovable and movable property.
(b) To invest Trust funds in such manner as they consider prudent, including bank deposits, securities, shares, and property.
(c) To borrow money and mortgage or pledge Trust property as security.
(d) To enter into contracts on behalf of the Trust.
(e) To open and operate bank accounts in the Trust's name.
(f) To distribute income and/or capital to Beneficiaries as the Trustees in their discretion determine.
(g) To employ professional advisors (lawyers, accountants, estate agents, investment managers).
(h) To institute or defend legal proceedings on behalf of the Trust.
(i) To delegate any of their powers to one or more Trustees or to professional managers.
(j) Generally to do all things necessary or incidental to the proper administration of the Trust.
7. MEETINGS
(a) The Trustees shall meet at least [2] times per year.
(b) A quorum shall be [a majority of Trustees / 2 Trustees].
(c) Decisions shall be by majority vote. In the event of a tie, the Chairperson shall have a casting vote.
(d) Written notice of at least [14] days shall be given for each meeting, unless all Trustees waive notice.
(e) Minutes shall be kept of all meetings and signed by the Chairperson.
8. TRUSTEE REMUNERATION
(a) Trustees shall serve without remuneration, unless the Beneficiaries (or the Master, if there are no adult Beneficiaries) approve reasonable remuneration.
(b) Trustees shall be entitled to reimbursement of reasonable out-of-pocket expenses incurred in the performance of their duties.
9. ACCOUNTS AND RECORDS
(a) The Trustees shall keep proper books of account reflecting all receipts, payments, assets, and liabilities of the Trust.
(b) Annual financial statements shall be prepared within [3] months of each financial year-end.
(c) The financial year shall end on [28 February / 30 June / 31 December] each year.
(d) The Trustees shall lodge such returns and accounts with the Master as may be required.
10. AMENDMENT
(a) This Deed of Trust may be amended by a resolution of [all / a two-thirds majority of] the Trustees.
(b) Any amendment must be in writing, signed by the Trustees, and registered with the Master.
(c) No amendment may alter the fundamental character or objectives of the Trust without the Master's approval.
11. DISSOLUTION
(a) The Trust may be dissolved by a resolution of [all / a two-thirds majority of] the Trustees, with the Master's approval.
(b) Upon dissolution, Trust property shall be distributed to the Beneficiaries in such proportions as the Trustees determine, or to a charitable organisation with similar objectives if no Beneficiaries exist.
(c) The Trustees shall file a final account with the Master upon dissolution.
12. GENERAL
(a) The Trust is established for an indefinite period unless terminated in accordance with clause 11.
(b) This Deed is governed by the laws of Zimbabwe.
(c) If any provision is found to be invalid, the remaining provisions shall remain in force.
(d) Notices must be in writing and delivered to the addresses recorded in the Trust register.
SIGNED by the FOUNDER at [PLACE] on this [DAY] day of [MONTH], [YEAR]:
____________________________
Founder: [Full Name]
ACCEPTED by the TRUSTEES:
| ____________________________ Trustee 1: [Full Name] Date: _______________ |
____________________________ Trustee 2: [Full Name] Date: _______________ |
| ____________________________ Trustee 3: [Full Name] Date: _______________ |
WITNESSES:
1. Name: _______________ ID: _______________ Signature: _______________
2. Name: _______________ ID: _______________ Signature: _______________
Get this template in editable format to establish your trust
Request at RegisterCompany.co.zwRegistration typically takes 2–6 weeks depending on the Master's workload and whether any corrections to the deed are required.
Objectives that are too broad (“for any lawful purpose”) may be rejected by the Master. Objectives that are too narrow may limit the trustees' ability to manage the trust effectively. Strike a balance.
If the founder is the sole trustee and sole beneficiary, the trust may be treated as a sham and its assets may not be protected from creditors. Include at least one independent trustee.
The deed must provide for the appointment of replacement trustees. If all trustees die or resign and there is no mechanism to appoint new ones, the trust becomes unmanageable.
An unregistered trust has no legal standing. Trustees cannot open bank accounts, register property, or act legally without the Master's letters of authority.
Trusts are separate taxpayers in Zimbabwe. Trust income is taxed at trust rates, which may differ from individual rates. Register with ZIMRA and file annual returns.
Need to register a company alongside your trust? Visit RegisterCompany.co.zw. For trust taxation visit ZimTax.co.zw.
We draft professional deeds of trust and handle registration with the Master of the High Court
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