Created by Erika Lopez
over 7 years ago
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Definition
Types of Trusts
Method to Creating a Trust
Formal Requisites of Trust Creation
Settlor
Delivery
Trust Property
Promise to Create a Trust
Trustee
Note: What if fail to name trustee?
Can compel a trustee?
How can Trustee Resign
Trustee by Estoppel
Beneficiaries
Resulting Trust
Intent to Create a Trust
Lawful Purpose
Three trust purposes prohibited by law
Restraints on Marriage
Writing
Revocability
Distinct Rules Applicable to Charities
Cy Pres
Cy Pres Perpetuities Reform Statue
Charitable Cy Pres
Standing for Charitable Trust
Purchase Money Resulting Trust
Constructive trust
Spendthrift Trust
Exceptions to Spendthrift
When Can Creditor Reach Money
Any interest retained by Settlor
Trust Principal
Accountign
No Self-Dealings
If trustee breaches any fiduciary duty ex: breach of trust= self-dealing, imprudent investment beneficiary can
Prudence
Support Trust
Anti-General Power of Appointment Statute
Termination
Judicial Modification
Nonjudicial Termination of Uneconomic Trust