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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 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);
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]
Continue reading → The post Trustor vs. Trustee: What’s the Difference? appeared first on SmartAsset Blog. Trusts are a useful tool for financial and estate planning, allowing a family to set ...
In trust law, a protector is a person appointed under the trust instrument to direct or restrain the trustees in relation to their administration of the trust.. Historically, the concept of a protector developed in offshore jurisdictions where settlors were (perhaps understandably) concerned about appointing a trust company in a small, distant country as sole trustee of an offshore trust which ...
The courts are willing to hear cases where the transfer was not completed, providing the intended beneficiaries or trustees have gained an interest through being made executor of the settlor's estate (the rule in Strong v Bird), or the gift was given donatio mortis causa, or where the settlor did all he could do, as in Re Rose, [21] or where it ...
The settlor would usually be the employer and employee jointly, and the savings would be transferred to a trustee for the benefit of the employee. Most regulation, especially after the Robert Maxwell scandals and the Goode Report , [ 30 ] was directed at ensuring that the employer cannot dominate, or abuse its position through undue influence ...
Additionally, the UTC incorporated provisions from smaller, more specific uniform acts related to trusts while also superseding some outdated ones (including Article VII of the Uniform Probate Code, the Uniform Prudent Investor Act of 1994, the Uniform Trustee and Powers Act of 1964, and the Uniform Trusts Act of 1937). [2]