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4 Cards in this Set

  • Front
  • Back

Trust elements

Settlor with capacity to convey


Present intent to create a trust


Trust res/property


1 or more definite beneficiaries


Trustee with duties


Valid purpose

SoF

If real property among trust res, SoF requires writing signed by 2 witnesses

Testamentary provisions

If trust has testamentary provisions, must comply with Statute of Wills formalities: in writing; signed by settlor at end, attested to (signed) by 2 witnesses who sign in settlor’s presence and in presence of each other


-testamentary capacity: settlor knows nature and extent of her property, people who are natural objects of her bounty

Rule Against Perpetuities

360 years; discuss when see class gift in a trust