Education Trust Template
This Education Trust is made on [Date] by and between:
Settlor / Grantor: [Full Name]
Address: [Address]
Initial Trustee: [Full Name]
Address: [Address]
Beneficiary: [Full Name]
Address: [Address]
1. Trust Name and Creation
The Settlor creates this trust under the name:
[Name of Trust]
This trust is created for the benefit of [Beneficiary Full Name] and shall be known as the Education Trust described in this document.
2. Purpose of Trust
The purpose of this trust is to hold and manage property for the education and related support of the Beneficiary.
This trust is intended to provide funds for tuition, fees, books, supplies, housing, transportation, and other education-related expenses as allowed under this trust.
3. Trust Property
The Settlor transfers to the Trustee the following trust property:
[Cash]
[Investment account]
[Life insurance proceeds]
[Personal property or other assets]
[Other trust property]
Additional property may be added to this trust at any time if accepted by the Trustee and allowed by law.
4. Revocable or Irrevocable Status
This trust shall be:
☐ revocable during the Settlor’s lifetime
☐ irrevocable
☐ otherwise as follows: [Describe]
If this trust is revocable, any amendment or revocation must be made in writing and signed as required by law.
Beneficiary Name: [Full Name]
Date of Birth: [Date of Birth]
The Beneficiary is the sole primary beneficiary of this trust during the education period unless this document expressly states otherwise.
6. Trustee Powers and Duties
The Trustee shall manage the trust property and may take reasonable action to protect, invest, reinvest, hold, sell, distribute, or otherwise administer trust assets in the best interests of the Beneficiary.
The Trustee may:
[pay approved education expenses]
[make distributions directly to schools or providers]
[reimburse approved expenses]
[open and manage financial accounts]
[retain advisers or professionals]
[take other lawful action consistent with this trust]
The Trustee shall act in good faith and keep reasonable records of trust activity.
7. Education Expenses
The Trustee may use trust income or principal for the following education-related expenses:
[tuition]
[mandatory school fees]
[books and supplies]
[room and board]
[technology or equipment]
[transportation]
[tutoring or academic support]
[other approved education costs]
Additional limits or conditions, if any:
[Insert details]
8. Distribution Rules
The Trustee may make distributions:
☐ directly to the school or provider
☐ directly to the Beneficiary
☐ by reimbursement to a parent, guardian, or Beneficiary
☐ in another lawful manner determined by the Trustee
The Trustee may consider:
the Beneficiary’s enrollment status;
academic progress;
the availability of scholarships, grants, or other support;
the purpose of this trust;
the Beneficiary’s reasonable education needs.
The Trustee is not required to make equal or regular distributions and may withhold a distribution if the Trustee reasonably believes it is not consistent with the purpose of this trust.
9. Education Standards or Conditions
Distributions under this trust may be conditioned on the following, if desired:
☐ attendance at an accredited school or program
☐ full-time enrollment
☐ part-time enrollment
☐ reasonable academic progress
☐ completion of secondary school
☐ other: [Describe]
If no condition is intended, write:
[None]
10. Age or Termination of Education Support
Education support under this trust shall continue until:
☐ the Beneficiary reaches age [Age]
☐ the Beneficiary completes undergraduate education
☐ the Beneficiary completes graduate or professional education
☐ trust funds are exhausted
☐ another event stated here: [Describe]
11. Successor Trustee
If the Initial Trustee dies, resigns, becomes unable to serve, or is removed, the following person shall serve as Successor Trustee:
[Successor Trustee Full Name]
If the named Successor Trustee cannot serve, the next Successor Trustee shall be:
[Alternate Successor Trustee Full Name]
A Trustee may resign by written notice. A replacement Trustee may accept appointment in writing.
12. Trustee Compensation and Expenses
The Trustee shall be:
☐ entitled to reasonable compensation
☐ not entitled to compensation except reimbursement of expenses
☐ compensated as follows: [Describe]
The Trustee shall be reimbursed for reasonable expenses properly incurred in administering the trust.
13. Accounting and Records
The Trustee shall keep reasonable books and records of trust property, income, expenses, and distributions.
The Trustee shall provide an accounting or summary report:
☐ annually
☐ upon reasonable written request
☐ to the following person or persons: [Name(s)]
☐ as otherwise required by law
14. Use of Remaining Funds
If trust property remains after the education purpose of this trust has ended, the remaining trust property shall be distributed as follows:
☐ to the Beneficiary outright
☐ to another trust for the Beneficiary
☐ to the following remainder beneficiary or beneficiaries: [Name(s)]
☐ as follows: [Describe]
15. Spendthrift Protection
To the extent allowed by law, the Beneficiary may not assign, transfer, pledge, or encumber any interest in this trust, and trust assets shall not be subject to the claims of the Beneficiary’s creditors before actual distribution.
16. Governing Law
This trust shall be governed by the laws of the state of [State].
17. Signatures
Settlor / Grantor Signature: __________________________
Name: [Full Name]
Date: [Date]
Trustee Signature: __________________________
Name: [Full Name]
Date: [Date]
Successor Trustee Signature, if desired: __________________________
Name: [Full Name]
Date: [Date]
18. Notary Acknowledgment
State of [State]
County of [County]
On this [Day] of [Month], [Year], before me, the undersigned notary public, personally appeared [Name of Signer(s)], known to me or satisfactorily proven to be the person(s) whose name(s) are subscribed to this instrument, and acknowledged that they executed the same for the purposes stated herein.
Notary Public Signature: __________________________
Name: [Notary Name]
My Commission Expires: [Date]