Basics Flashcards

1
Q

A trust is…

A

a fiduciary relationship in which a trustee holds legal title to manage property on behalf of the beneficiary, who holds equitable title.

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2
Q

A trustee holds…

A

legal title to specific property under a fiduciary duty to manage that property.

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3
Q

What are the management duties of a trustee?

A

Manage, invest, safeguard, and administer the trust assets and income for the benefit of designated beneficiaries.

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4
Q

The beneficiary holds…

A

equitable title.

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5
Q

The settlor of the trust is…

A

its creator.

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6
Q

What are the main uses of a trust?

A
  1. Transfer of property;
  2. Protection of assets;
  3. Distribution flexibility;
  4. Avoiding probate;
  5. Professional management.
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7
Q

An express trust arises from..

A

the expressed intention of the settlor.

[private or charitable]

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8
Q

A resulting trust arises from…

A

the presumed intention of the settlor.

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9
Q

A constructive trust arises from…

A

cases involving wrongful conduct and unjust enrichment.

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