resulting trusts Flashcards

1
Q

;resultin g trust

A

implied in fact and is based on pruesmed intent. if reuslting trust is decreed, trustee transfer property to settlor if alive and if not to estate (residuary dvisees if any and if none intestate takers)

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2
Q

how does this arise?

A
  1. private express trust ends by it own terms and no provision for what happens to corpus next (e.g. trust for daughter to get JD)
  2. private express trust fails because there is no bene (give back to settlor or estate)
  3. charitable trust ends because oof impossibility or impracticability and Cy Pres cannot be used
  4. privat eexpress trust fails because after creation becomes illegal
  5. excess corpus
  6. purchase money resulting trust (e.g. you give money to buy a car but excess)
  7. semi secret trust - will makes a gif tto a person to hold as trustee but does not name beneficiary
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