understanding trust Flashcards
1
Q
how to find intent to make trust
A
- look at the paper
- no extrisic evidence without good reason
- communication of intent and delivery of the trust instument are “not essential to the existance of a trust, they are great importance in determining the real intent of the alledged declarant.
2
Q
The settlors failure to communicate their intent and to deliver the trust is some
A
indication of the absence of a final and defenitive intention to create a trust
3
Q
language that should be used in wills and trusts to show intent
A
manadtory rather then predactory language (ex. wish, hope, recommend)