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In cases where the gift involves personal property and is made inter vivos, there are no formal prerequisites; it suffices for an oral declaration to establish the trust. Once properly constituted, a charitable trust, like all express trusts, becomes irrevocable unless the trust instrument explicitly allows for such revocation. [2]
This is an accepted version of this page This is the latest accepted revision, reviewed on 6 December 2024. Legal declaration where a person distributes property at death "Last Will" redirects here. For the film, see Last Will (film). This article possibly contains original research. Please improve it by verifying the claims made and adding inline citations. Statements consisting only of ...
No declaration of trust is the most straightforward form of resulting trust, and is created when a trust is created, but the settlor does not give the form in which the property is to be held. For example, the settlor might give property to the beneficiary to hold for life, but fail to explain what is to happen to the property when the holder ...
The UTC attempts to standardize the general composition of both trust forms and their requirements, but does not generally attempt to address the procedural questions as to overall subject-matter jurisdiction and other aspects of proceedings involving trusts. [10] Instead, the vagarities of various state and local procedural rules will ...
Mutual wills are rare, and often another form of constructive trust is imposed (See Healey v Browne [2002] 2 WTLR 849). It is also noted (see Carnwath J in Re Goodchild ibid ) that a mutual will is a technical legal device requiring an intention to form a binding agreement and that this often differs from the "loose moral obligation ...
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