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beneficiaries under a bare trust (including a constructive or resulting trust), to whom the trustee owes basic duties arising by law; and; beneficiaries under an express trust (either an inter vivos trust or a testamentary trust), where the trustee owes additional duties and has additional powers specified by the trust instrument.
One usage of the term "fiduciary trust" is to distinguish the word "trust" from usage in general contexts where it does not imply a trustee-beneficiary relationship, and also sometimes to distinguish it from implied trusts (such as some constructive trusts and some resulting trusts) in which the trustee does not have express intent of a major ...
Beneficiary definition in finance. As you’re opening almost any kind of financial account — a bank account, life insurance, ... A trustee of your trust.
Sometimes, a power of appointment is given to someone other than the trustee, such as the settlor, the protector, or a beneficiary. 'As Trustee For' (ATF): This is the legal term used to imply that an entity is acting as a trustee. Beneficiary: A beneficiary is anyone who receives benefits from any assets the trust owns.
The beneficiary, at law, has no legal title to the trust; however, the trustee is bound by equity to suppress their own interests and administer the property only for the benefit of the beneficiary. In this way, the beneficiary obtains the use of property without being its technical owner.
A custodial account is a financial account (such as a bank account, a trust fund or a brokerage account) set up for the benefit of a beneficiary, and administered by a responsible person, known as a legal guardian or custodian, who has a fiduciary obligation to the beneficiary.
In common law, this has generally been referred as the "no further inquiry" rule, meaning that transactions entered into by a trustee for a trustee's own account are presumed suspect with "no further inquiry" and are considered voidable upon an action by the beneficiaries. [55] Furthermore, if trustee exercises "significant influence over the ...
If you've ever opened an IRA, CD or brokerage account – or bought an annuity, life insurance policy or shares of a mutual fund – you've been asked to name a beneficiary.