Discretionary Trusts and the concept of a sham trust. (a) The central theme regarding trusts is that they are assets that are legally owned by the trustees and not the beneficiaries. In a discretionary trust‚ the trustees have discretion as to who among a class of beneficiaries should receive income and/or capital under the trust and in what proportion (e.g. Mettoy Pension Trustees Ltd v. Evans [1990] 1 WLR 1587). So until a beneficiary is chosen to receive income or capital‚ they do not possess
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Insecurities Sometimes the element of doubt troubles us when we’re in a relationship. We find the need to get jealous and somehow we don’t trust our partner. These insecurities can lead to the end of a relationship. If you don’t trust someone why did you make the decision of being with that person in the first place? Trust is the glue that keeps a relationship together without trust a relationship does not exist. When you see the person that you’re with someone else; don’t assume‚ don’t make up questions in
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direction of courts when imposing a constructive trust upon a trustee de son tort. Constructive Trustee Constructive trusts are not confined to one definition. They are comprised of all trusts recognized and enforced by the courts that either resulting or express trusts. Express trusts are trusts are a design of the real intention of the parties however constructive trusts are ‘invitum’ (against the will or consent of the party) Constructive trusts are usually the result of gross violation of a
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trust agreement THIS TRUST AGREEMENT‚ MADE THIS _____ DAY OF _____________‚ 20XX‚ BETWEEN ____________________________‚ PRESENTLY RESIDING AT _________ ________________ ________________________ (SETTLOR)‚ _____________ ___________________‚ PRESENTLY RESIDING AT __________________________________ ______ (TRUSTEE)‚ AND ________________ __________‚ PRESENTLY RESIDING AT ________ ___________________________ (SUCCESSOR TRUSTEE). THE TRUST CREATED BY THIS AGREEMENT SHALL BE KNOWN AS THE ______________________
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Trusts and Estates Medilin Spring 2006 Intro and Intestacy 1) Power to Transmit property at death- Dead hand Control a) Estate and gift taxes as method of restriction i) redistributes some wealth and attempts to break up accumulations of large wealth ii) gift tax prevents the use of inter vivos transfers to get around inheritance restrictions iii) spousal deduction- can give as much as want to spouse during life and at death iv) charitable deduction- also allowed to
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Definition Essay: Trust What is trust? The dictionary meaning of trust is a firm belief in the reliability‚ truth‚ ability‚ or strength of someone or something. The second meaning is‚ confidence placed in a person by making that person the nominal owner of property to be held or used for the benefit of one or more others. But what can we really define as trust? In this paper‚ I will discuss how trust is used every day in different situations‚ how we deal with trust in various relationships
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Concept of TRUST analysis Concept: Trust | Definition: Dictionary‚ thesauruses‚ within nursing/medical/behavioral science/social science/other literature‚ from colleagues | Thi Bui | Oxford English Dictionary: 1) firm belief in the reliability‚ truth‚ or ability of someone or something; acceptance of the truth of a statement without evidence or investigation; the state of being responsible for someone or something; a person or duty for which one has responsibility 2) An arrangement whereby
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Disposal of property on death – Secret Trusts Definition: An owner of property dies‚ that property passes to those entitled under the law of succession. 2 main methods: 1) Through a valid will 2) Intestacy rules Will – series of specific bequests or legacies of specific assets to specific individuals who will receive the assets not disposed off. If no residue clause then the rules of intestacy operate. Requirements of a valid Will 1) Capacity 2) Age 3) Mental Capacity 4) Intention
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the word “charitable is a word of art‚ of precise and technical meaning”[1]. Viscount Simmonds further remarked that‚ “no comprehensive definition of legal charity has been given either by legislature or in judicial utterance‚ there is no limit to the number and diversity of ways in which man will seek to benefit his fellow men”[2]. The Preamble to the Charitable Uses Act 1601‚ also referred to as the Statute of Elizabeth I‚ contained a list of purposes which were then regarded as charitable. It assumed
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a. The Re-Denley Principle and Beneficiary Principle. A trust is created by a settlor or a grantor‚ transferring property to a trustee to hold in trust for stipulated purposes and may be created inter vivos or on death by will[1]. This implies that a trust is formed when a person transfers a property or rights to another person who holds it for a third party. There are many reasons why trusts are created. The most common reason is where the intended beneficiary of a right is not capable of
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