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Trusts Legal title versus Beneficial ownership (equitable)

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Presentation on theme: "Trusts Legal title versus Beneficial ownership (equitable)"— Presentation transcript:

1 Trusts Legal title versus Beneficial ownership (equitable)

2 Trusts A) Express –private –public –inter vivos –testamentary –active –passive / stand by

3 Trusts B) Implied –resulting –constructive

4 Trusts C) Element –Settlor, Trustor, Grantor –Trustee –Beneficiary –Capacity –Intent (purpose) cy pres –Res

5 Trusts D) Fiduciary Duties –Concept –Applies to –Liability, Proof, Defenses –Examples Investments Not commingle- earmark and separate

6 Trusts E) Issues of Income and Principal –Accumulation trust –Discretionary trust –Ascertainable standard provision –Income trust –Sprinkle trust –Annuity trust –Total return unitrust

7 Trusts F) Trusts as a Separate Taxable Entity EstateTrust Bene Individual Bene’s Individual Bene’s

8 Trusts G) Related topics –Living Trusts –Wills probate intestacy –Power of Attorney –Durable Power of Attorney –Living Will/Advanced Directive


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