Trust Creation Flashcards

1
Q

Trust Creation Acronym

A

The Valiant Modern Professor Tested Wills Internally

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2
Q

Trust validity (elements of)

A
  1. Manifestation of intent to create (no writing unless realty);
  2. Existing trust res;
  3. Ascertainable beneficiaries; and
  4. Delivery or declaration.

MIRAD

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3
Q

Trust

A

D-SEBLeT (Disposition Separates Equitable Bs Legal T)

  1. Disposition of property which;
  2. Separates Equitable to Bs and Legal title to T;
  3. T manages for benefit of Bs.
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4
Q

Testamentary Trust

A
  1. Will must be valid;
  2. Testator must have Capacity;
  3. Testamentary Intent; and
  4. Formalities followed.

CIF

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5
Q

Will validity

A
  1. Adult, of sound mind, Duress, Undue influence, Mental infirmament, Suspicious circumstances;
  2. Know nature and extent of property and testamentary act;
  3. 2 disinterested Ws or holographic.

ADUMS-NETAD

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6
Q

Proper trust purpose

A
  1. Destruction of property
  2. Religion
  3. Illegal
  4. Public policy
  5. Marriage

DRIP-M

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7
Q

Manifestation of intent to create a trust

A
  1. Substance over form (no particular words);
  2. Expression by S for T to hold for B;
  3. Not Precatory.

SOFEP (Substance Over Form Expression Precatory)

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