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 A trust must have property.  A trust is a method of holding title to property; a conveyancing relationship.

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Presentation on theme: " A trust must have property.  A trust is a method of holding title to property; a conveyancing relationship."— Presentation transcript:

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2  A trust must have property.  A trust is a method of holding title to property; a conveyancing relationship

3  New property may come from any source unless:  Trust prohibition, or  Property unacceptable to trustee.

4  Any transferable property:  Real (present & future)  Personal (tangible, intangible, choses in action, right to be a beneficiary, etc.)

5  But not property the settlor cannot immediately transfer:  Non-assignable contract right  Spouse’s share of community  Property to be acquired in the future  Expectancy to inherit from someone still alive  Birk – p. 69

6  Real Property = deed  Personal Property = possession, deed of gift, title registration, etc.  Marshall – p. 72


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