Express Trusts

Question 1

Can an express trust be either private or charitable?

Answer 1

Yes

Question 2

What are the rules for express trusts?

Answer 2

1. Intent
   - Trust words (in trust)
   - Oral trusts allowed. Exception: SoF (real property), a devisee
   - Minority of jurisdictions require it to be in writing.
   - No precatory language (I hope)
2. Trust Res
   - Must be a piece of property
   - Exception: pour over trust.
3. Trust Purpose
   - Valid if not illegal or against public policy
4. Beneficiaries
   - Ascertainable. Exception for unborn children, class gifts, and charitable trusts.

Question 3

What are the rules for charitable trusts?

Answer 3

Must have charitable purpose.

RAP does not apply.

Cy pres applies as long s general charitable purpose. If none, the property goes to a resulting trust.

Standing
- AG office has standing to enforce and Settlor (UTC)

Question 4

How is an express trust created?

Answer 4

Inter vivos

• Declaration of trust
• Deed of trust

Testamentary transfer