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A constructive trust [13] is a trust implied by law to work out justice between the parties, regardless of their intentions. Common ways in which a trust is created include: a written trust instrument created by the settlor and signed by both the settlor and the trustees (often referred to as an inter vivos or living trust);
In trust law, a settlor is a person who settles (i.e. gives into trust) their property for the benefit of the beneficiary. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. [a] Where the trust is a testamentary trust, the settlor is usually referred to as the testator.
A trust may be created by: (1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (2) declaration by the owner of property that the owner holds identifiable property as trustee; or (3) exercise of a power of appointment in favor of a trustee. [76]
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The "trusty system" (sometimes incorrectly called "trustee system") was a penitentiary system of discipline and security enforced in parts of the United States until the 1980s, in which designated inmates were given various privileges, abilities, and responsibilities not available to all inmates.
Usually, a trustee charging clause; Regulation of the appointment of new trustees; The proper law and forum and place of administration for the settlement; Often, an exclusion of settlor (and spouse) from benefiting from the trust (where required for tax reasons) Usually, an indemnity for the trustees out of the trust fund
For someone to be made a constructive trustee, they must have had the property in their possession or control before the application, and have acted in a dishonest or reckless way. If found liable, the constructive trustee is held to account personally to repay any loss suffered by the trust fund, and must keep that trust property in his ...
A nominee trust is a legal arrangement whereby a person, termed the settlor, appoints another person, termed the "nominee" or "trustee", to be the owner of the legal title to some property. [1] Although the legal title is transferred to the nominee, the beneficial ownership of the property is transferred to a third person, termed the ...