Trusts Flashcards
Define a trust
is a fiduciary relationship where one party (trustee) holds legal title to property for the benefit of another who holds equitable title (benficiary). (split of legal title to benefit the one with equitable title)
What are express trusts
What are 2 types of express trusts
Trusts that are created intentionally
Private and Charitable express trusts
Distinguish private trusts and Charitable trusts
Private trusts are created to benefit a private beneficiary while Charitable trusts are created for a charitable purpose or for charities, and have some differences.
What are implied Trusts
What are 2 types of implied trusts?
Trusts created by operation of law
Constructive and resulting
What are constructive trusts?
constructive trust orders the person who would otherwise be unjustly enriched to transfer the property to the intended party.
imposed to deprive a wrongdoer from retaining improperly obtained property (Trusts imposed to fix wrong-doing)
What are resulting trusts?
is an equitable reversion that arises by operation of law whenever a person has created an express intentional trust, but the express trust fails or does not completely dispose of the trust property.
trusts that are Imposed where circumstances require, irrespective of any wrongdoing. Most often arises when a settlor transfers full legal title but fails to transfer full equitable title.
Settlor’s reversionary interest is called
a resulting trust
Implied trusts are _______ remedies
equitable
Every trust has three parties:
Note: More than one party can fit each role; and
Each party can fit more than one role.
Settlor
Trustee
Beneficiary
The settlor is the person who?
sets up the trust
The trustee is the person who has?
the person who has legal title to the trust who holds it for the benefit of the beneficiary
The beneficiary is the person(s) who
The person who has the equitable title and who uses and enjoys the property of the trust
Income beneficiary
remainder beneficiary
(1) Income beneficiary: present interest in the trust fund
(2) Remainder beneficiary: remainder interest in the trust fund
The settlor creates the trust by
transferring assets to a trustee with manifest intent to create a trust relationship.
A settlor can set up two types of trusts:
(1) Inter vivos trust, during his lifetime as a gift
(2) Testamentary trust aka trust in a will
When a settlor makes himself trustee, the trust is created by declaration of trust.
(1) In some states, titled assets (i.e., assets whose ownership is reflected in a written document such as a title, deed, or stock certificate) must be retitled in the name of the settlor “as trustee” in order for the trust to be valid.
(2) The declaration can be oral unless:
The trust assets include real property, in which case the Statute of Frauds requires that it be written; OR
(b) or the trust is testamentary, in which case the statute of wills requires that it be written.
the legal owner of trust property, who holds it for the benefit of the beneficiaries. Legal title to, and responsibility for, the management of the trust property resides in the trustee.
Trustee
T or F A trust must have a trustee, but failure to designate or appoint a qualified trustee will not necessarily cause the trust to fail. Instead, the court will appoint one.
True
Where two or more persons have been named as co-trustees, they are ordinarily considered:
joint tenants with regard to the legal title over the trust fund.
note: The will may override this and name a successor trustee to step in and serve instead of or along with a prior trustee.
Co-trustees who are unable to reach a unanimous decision: may act by
majority decision.
If a co-trustee has acted imprudently how may the other co-trustees protect themselves from liability down the road?
A co-trustee may formally dissent and:
protect himself from liability down the road if the other trustees have acted imprudently
What happens if a trustee resigns or is removed for cause?
The trust will not terminate and another trustee will be appointed.
When the trust terminates: The trustee transfers his interest to:
the beneficiaries and ceases to have legal authority to exert control over the property beyond what is necessary to wind up the affairs of the trust.
T or F There must always be a beneficiary in existence who can enforce the trust against the trustee
True