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Personal trust law developed in England at the time of the Crusades, during the 12th and 13th centuries. In medieval English trust law, the settlor was known as the feoffor to uses, while the trustee was known as the feoffee to uses, and the beneficiary was known as the cestui que use, or cestui que trust .
The ancient rule from English common law is that a trust is not established until it has property or a res. [77] However, the actual property interest required to fund and create the trust is nothing substantial. [78] Furthermore, the property interest need not be transferred contemporaneously with the signing of the trust instrument. [15]
The law of trusts was constructed as a part of "Equity", a body of principles that arose in the Courts of Chancery, which sought to correct the strictness of the common law. The trust was an addition to the law of property, in the situation where one person held legal title to property but the courts decided it was fair just or "equitable" that ...
All trustees, agents, nominees, and custodians may be reimbursed for expenses from the trust fund as well. The courts have additionally stated in Re Duke of Norfolk's Settlement Trusts [211] that there is a power to pay a trustee more for unforeseen but necessary work. Otherwise, all payments must be explicitly authorized to avoid the strict ...
A trust fund is a legal entity that holds and manages assets on behalf of another individual or organization. A will, on the other hand, is a legal document that directs the distribution of assets ...
Cobell v. Salazar (previously Cobell v.Kempthorne and Cobell v.Norton and Cobell v.Babbitt) is a class-action lawsuit brought by Elouise Cobell and other Native American representatives in 1996 against two departments of the United States government: the Department of Interior and the Department of the Treasury for mismanagement of Indian trust funds.
Saunders v Vautier [1841] EWHC J82, (1841) 4 Beav 115 is a leading English trusts law case. It laid down the rule of equity which provides that, if all of the beneficiaries in the trust are of adult age and under no disability, the beneficiaries may require the trustee to transfer the legal estate to them and thereby terminate the trust.
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