Family Trust — Draft

Nana Bambi's — Document Viewer

← Library ⬇ Download
Viewing: NanaBambis_FamilyTrust_Draft.docx — opened in-browser for easy review. Use the download button above if you need the original file.
NANA BAMBI'S FAMILY TRUST
Declaration of Trust

Ragay, Camarines Sur, Philippines

Live with the land, not on it.

THIS DECLARATION OF TRUST is made by:

AILEEN MULKERRINS of Ragay, Camarines Sur, Philippines (the "Founding Trustee")

PART 1 — ESTABLISHMENT

1.1 Name

This trust shall be known as the Nana Bambi's Family Trust (the "Trust").

1.2 Governing Law

This Trust is established under the laws of the Republic of the Philippines, including the Civil Code of the Philippines and all applicable statutes.

1.3 Purpose

The Trust is established to hold, protect, and steward the assets of the Nana Bambi's enterprise in perpetuity for the benefit of the family and community it serves. It exists not for extraction or profit, but for stability, continuity, and generational opportunity.

1.4 Founding Date

This Trust is declared on the date of execution below.

PART 2 — TRUST ASSETS

2.1 Initial Trust Property

The Trust shall hold as its primary asset all issued shares in Nana Bambi's Corporation (or such corporate entity as is duly incorporated under Philippine law to operate the enterprise).

2.2 Hub Land

The land upon which the Nana Bambi's hub operations are situated, being land owned outright by Aileen Mulkerrins, shall be transferred into the Trust upon incorporation of the corporate entity.

2.3 Future Assets

Additional land, property, or assets may be transferred into the Trust by resolution of the active Trustee, subject to the restrictions in Part 4.

PART 3 — TRUSTEES

3.1 Founding Trustee

AILEEN MULKERRINS is appointed as Founding Trustee with full authority over all Trust decisions from the date of establishment.

3.2 Successor Trustee

BRIGHDE MULKERRINS, Filipino citizen and daughter of the Founding Trustee, is named as Successor Trustee.

Succession occurs automatically upon:

  • The death of the active Trustee
  • The permanent incapacity of the active Trustee (as certified by two medical practitioners)
  • The voluntary retirement of the active Trustee by written declaration

3.3 Subsequent Succession

Following Brighde Mulkerrins, trusteeship passes to her direct descendants in order of age, provided they are Filipino citizens. If no eligible descendant exists, the active stewards named under Part 5 may appoint a successor by unanimous resolution.

3.4 Trustee Requirements

All Trustees must at all times be Filipino citizens. No trustee may hold any position that creates a conflict of interest with the purpose of the Trust.

3.5 Sole Trustee

At any time there shall be one active Trustee only. Co-trusteeship is not permitted except during a transition period not exceeding 90 days.

PART 4 — ABSOLUTE RESTRICTIONS

These restrictions are perpetual and binding on every Trustee without exception. No resolution, amendment, court order, or external pressure may override them.

4.1 Non-Sale Rule

The enterprise, its corporate shares, its land, and its core assets cannot be sold, transferred, or assigned to any external party — including corporations, investors, government bodies, religious institutions, or individuals outside the family succession line.

4.2 No External Control

Control of the Trust and the enterprise cannot pass to any external party by any means including merger, acquisition, assignment, court order, or creditor action.

4.3 No Fragmentation

The enterprise operates as one integrated system. Individual spokes (departments) cannot be separated, sold independently, or transferred outside the Trust structure.

PART 5 — BENEFICIARIES & STEWARDSHIP

5.1 Trust Property — Scope

The Trust holds all assets funded, acquired, or built by Aileen Mulkerrins and Aidan Mulkerrins from their own capital:

  • All farmlands acquired
  • The Del Gallego house and any other residential or housing purchases
  • All shares in the Nana Bambi's corporate entity and the enterprise as a going concern
  • All buildings, infrastructure, equipment, vehicles, and other capital assets of the enterprise

These are our assets, built with our capital. Under Option A they remain ours. Under Option B, farmlands only are shared — see below.

5.2 Two-Option Structure

This Trust provides for two alternative structures. Option A applies by default. Option B is activated only if the conditions in clause 5.7 are met.

OPTION A — Mulkerrins Family Trust (Default)

Our trust. Our capital. Our land. Our house. Our enterprise. Everything we have built and acquired belongs to the Trust and passes to our sole beneficiary.

5.3 Option A — Sole Beneficiary

Under Option A, the sole beneficiary of all Trust assets — farmland, the Del Gallego house, all other housing, the enterprise, and all capital assets — is:

BRIGHDE MULKERRINS — daughter of Aileen and Aidan Mulkerrins.

No other party holds any share, stake, claim, or entitlement to any Trust asset under Option A. Arianne, Rojan, and their children have no interest in the Trust under this option.

5.4 Option A — Full Authority

The Trustee (Aileen, then Brighde per Part 3) holds full and sole authority over all Trust assets and the enterprise. No other party has governance rights, voting rights, or any say in how the assets are managed, used, or disposed of — subject only to the absolute restrictions in Part 4.

OPTION B — Extended Family Trust (Activated by Rowena Dalangin)

Activated only if Rowena Dalangin voluntarily transfers her current land holdings into the Trust. On activation, farmlands are shared three ways. The house, enterprise, and non-farm assets remain with Brighde.

5.5 Option B — What Is Shared

Upon activation, farmland only is divided into three equal shares. The following assets are NOT shared and remain the sole entitlement of Brighde Mulkerrins:

  • The Del Gallego house and any other residential/housing purchases
  • The Nana Bambi's enterprise (all shares, operations, equipment, vehicles, infrastructure)
  • All non-land capital assets

5.6 Option B — Farmland Beneficiary Lines (Equal Thirds)

All farmland held by the Trust — including Rowena Dalangin's transferred holdings and all farmlands acquired by Aileen and Aidan Mulkerrins — is divided into three equal shares:

First Third Brighde Mulkerrins — daughter of Aileen and Aidan Mulkerrins. Holds her share directly.
Second Third Tobias Dalangin Gassner and Matao Dalangin Gassner — children of Arianne. They hold equal halves of this third. Arianne acts as guardian until each child reaches the age of legal majority. Arianne holds no personal stake — she is guardian only.
Third Third Rojan — holds his third directly for life. Upon Rojan having children, his share passes to his children. If Rojan dies without children, his third reverts equally to the other two beneficiary lines (Brighde's line and Arianne's children's line).

5.7 Option B — Land Governance (Equal Voice)

Under Option B, land governance is separated from enterprise governance:

  • Enterprise: The Trustee (Aileen, then Brighde per Part 3) retains full and sole authority over the Nana Bambi's operations, staffing, commercial decisions, and day-to-day management. Arianne and Rojan have no say in the enterprise.
  • Farmland: All decisions regarding farmland — including but not limited to change of use, subdivision, mortgage, lease to third parties, or transfer — require the agreement of at least two of the three siblings (Aileen, Arianne, Rojan). Each sibling holds one equal vote. The Trustee's role confers no additional authority on land matters. On farmland, Aileen is one voice of three.

When a sibling dies or is permanently incapacitated, their land vote passes to their children (or guardian acting on behalf of minor children). If a line has multiple children, that line still holds one collective vote.

5.8 Option B — Activation

Option B is activated when Rowena Dalangin executes a written deed of transfer, witnessed and notarised, voluntarily placing her current land holdings into this Trust. Until that deed is executed, Option A remains in force and no other party has any claim on any Trust asset. Activation is irrevocable — once Rowena's land enters the Trust, Option B governs the farmland permanently.

5.9 Guardian Restrictions (Option B only)

Under Option B, Arianne and Rojan, whether acting as guardians or holding their farmland share directly, are subject to the following restrictions:

  • They cannot sell, transfer, mortgage, or leverage any Trust farmland or their share of it
  • They cannot assign, pledge, or encumber their children's share for any purpose
  • They hold no authority over the enterprise, its assets, or its operations
  • Guardianship confers responsibility for the children's land interests only — it confers no personal benefit, authority, or claim on any other Trust asset

5.10 Stewardship Classes (Both Options)

Passive StewardConnected by lineage, no governance or operational authority, cannot leverage assets
Exit StewardMay exit through contribution-based payout — inflation-adjusted original build contribution only, approved by board
PART 6 — FINANCIAL PROTECTIONS

6.1 Priority Order

At all times, financial obligations are met in this order:

  1. Family safety, housing, and food security
  2. Staff wages and statutory obligations
  3. Operational costs
  4. Debt and financial obligations
  5. Reinvestment and growth
  6. Profit distribution

6.2 Operating Reserve

A minimum three-month operating reserve shall be maintained at all times. All expansion pauses if the reserve falls below this threshold.

6.3 No Personal Leverage

No Trustee or family member may use Trust assets for personal financial gain beyond their agreed role-based salary or drawings.

PART 7 — GOVERNANCE

7.1 Day-to-Day Authority

The active Trustee holds full day-to-day operational authority and delegates as appropriate to the corporate board and management team.

7.2 Board

A board is established within the corporate entity to govern major investments, expansion decisions, conflict resolution, and significant financial commitments. The board composition and quorum rules are defined in the corporate articles.

7.3 Founder Recognition

Aidan Mulkerrins, as the designer and founder of the enterprise, is recognised in this deed as the originating architect of the Nana Bambi's system. This recognition carries no legal ownership, no trustee authority, and no claim on assets. It is a record of contribution only.

PART 8 — DISSOLUTION FALLBACK

8.1 Succession Failure

In the event that all succession lines fail and no eligible Trustee can be identified, the following applies without exception:

Control

Transfers to a private non-profit entity established and named by the last active Trustee before succession failure occurs. This entity must be entirely secular in nature. No religious organisation, church, religious institution, or faith-affiliated body of any kind — regardless of denomination, affiliation, or structure — may receive, inherit, or assume control of the Trust, the enterprise, or any of its assets under any circumstances.

The non-profit's mandate is limited to two options only:

  • Continue operations — maintain the enterprise as a going concern in the spirit of this deed, preserving employment, community function, and the mission; or
  • Orderly dissolution — wind down operations cleanly, settle all obligations, and distribute remaining proceeds as charitable donations to community-aligned causes in Ragay and Camarines Sur.

Land

Land is not subject to either option above. On succession failure, all land held by the Trust transfers directly and irrevocably to the Mulkerrins family land holdings in F. Simeon, Ragay, Camarines Sur — the family seat. The land does not follow the enterprise. The land comes home.

8.2 F. Simeon — Family Land & Stewardship

The family's trusted steward and community anchor in F. Simeon, Kuya Idy, is recognised in this deed as the current head and steward of the family land in F. Simeon.

It is the intention of the Founding Trustee and the enterprise founder that the F. Simeon land be drawn into this Trust structure in time, with Kuya Idy's full knowledge and agreement, so that it is protected under the same principles — never sold, never leveraged, held for the family in perpetuity.

8.3 Family Burial Ground

It is the expressed wish of the Founding Trustee and the enterprise founder that a family burial ground be established on the F. Simeon land. This ground is to be held sacred and maintained in perpetuity by whoever stewards the land. It is not subject to sale, transfer, or development under any circumstances.

The enterprise founder, Aidan Mulkerrins, has expressed his wish to be laid to rest on this land alongside his wife Aileen — his one true heart — so that their daughter Brighde, and all who come after her, will always know where to find them.

This wish is recorded here not as a legal instruction, but as a declaration of love and belonging — that this land is home, and that home is where they stay.

PART 9 — AMENDMENT & REVIEW

9.1 Amendment

This deed may be amended only by the active Trustee in consultation with the appointed lawyer and accountant. Amendments to Part 4 (Absolute Restrictions) are not permitted under any circumstances.

9.2 Annual Review

This deed is reviewed annually. All versions are archived in the enterprise library.

EXECUTION

Declared by the Founding Trustee:

AILEEN MULKERRINS

Signature:

Date:

Witnessed by:

Witness Name:

Witness Signature:

DRAFT DOCUMENT — This draft is prepared for review and must be finalised by a qualified Philippine lawyer before execution. It is not a legally binding document in its current form.
The land stays. The family stays. The wheel keeps turning.