Untitled Deck Flashcards
What is a trust?
a legal arrangement where one person (the trustee) holds and manages property or assets for the benefit of another person (the beneficiary).
Which persons are required for a trust?
- Settlor: creates the trust
- trustee: administers the assets
- Beneficiary: is entitled to benefit from trust
Why are trusts created?
- Managing assets for minors (children too young to handle their inheritance)
- Protecting family wealth by ensuring it’s used wisely and for specific purposes (like education)
- Estate planning to manage taxes and pass on wealth efficiently
What is a private trust?
It is a trust that is not charitable
Who is a settlor in the scope of trust law?
It is the person creating the trust
What does inter vivos mean in the scope of trust law?
during the liftime of the settlor
in what ways can a settlor create a trust?
in many ways:
* through a trust instrument (in writing)
* through a will (in writing)
* by words
* by conduct
How does a court determine whether a trust has been created?
Through construction of the written document, the words or conduct
What is a testamentary?
It is a trust created in a will
Who is the testator?
the person who created the will
Who is a trustee?
He holds the legal title of the trust assets and is under a duty to administer the assets for the benefit of the beneficiaries
Who is the beneficiary in the scope of trust law?
The person entitled to benefit from the trust; holds the equitable title to the trust assets and has beneficial interests
To create a valid trust, the settlor must ensure that all … certainties are present
three
What are the three certainties?
- Certainty of Intention
- Certainty of Subject Matter
- Certainty of Objects
What is the certainty of intention (trust law)?
There must be a clear intention by the person creating the trust (the settlor) to establish a trust.
The settlor’s words or actions should show they want the trustee to manage the assets for the benefit of the beneficiary. Phrases like “I wish” or “I hope” might not be strong enough to show a clear intention
What is the certainty of subject matter?
The trust property (or subject matter) must be clearly defined.
It should be clear what specific assets or property are included in the trust, so the trustee knows exactly what they’re responsible for. If it’s too vague, the trust might fail
What is the certainty of objects?
The beneficiaries (or objects of the trust) must be clearly identifiable.
The trust must specify who will benefit from it, or at least provide a clear group or class of people from whom the beneficiaries can be identified
“What does equity looks to the substance rather than the form” mean?
In cases involving fairness (equity), courts prioritize the true intention and purpose behind an action or transaction rather than just its formal structure or wording
What are precatory words?
Words expressing confidence, wish, belief, desire, etc.
Is the use of precatory words likely to result in the creation of a trust?
No.
There is lack of certainty of intention
What does “gift in default of appointment” mean?
In trust law, it refers to a provision made for a situation where someone with a power of appointment fails to exercise that power.
The “gift in default” then specifies who should receive the property or assets if the person with the power of appointment does not make a decision or appointment.
Does the usage of the term “trust” create a trust?
It depends on the context.
The court must determine the settlor’s true intention.
How can a trust be created through words?
The intention to create a trust must be clear
What is the residuary estate?
Everything that is left in a deceased’s estate after:
* all debts have been paid
* all taxes have been paid
* all** specific and non-specific gifts** have been distributed