#1
Which of the following is a characteristic of a trust?
Unilateral control
ExplanationTrusts typically involve unilateral control over assets.
#2
What is the primary duty of a trustee in a trust relationship?
Act in the best interests of the beneficiaries
ExplanationTrustees are obligated to act in the best interests of the beneficiaries.
#3
Which court may have jurisdiction over trust disputes?
Probate Court
ExplanationProbate courts typically handle disputes related to trusts.
#4
What is the significance of the 'settlor' in a trust agreement?
Individual establishing the trust
ExplanationThe settlor is the individual who establishes the trust.
#5
What is the primary purpose of a constructive trust?
To remedy unjust enrichment or fraud
ExplanationConstructive trusts are designed to rectify situations of unjust enrichment or fraud.
#6
What does the term 'fiduciary duty' encompass in the context of trusts?
A duty to act in the best interests of the beneficiaries
ExplanationFiduciary duty in trusts involves the obligation to act in the best interests of the beneficiaries.
#7
What is the primary purpose of a fiduciary relationship?
To prioritize the interests of another party
ExplanationFiduciary relationships focus on prioritizing the interests of a third party.
#8
In a revocable trust, who typically holds the power to alter or terminate the trust?
Settlor
ExplanationThe settlor usually holds the power to alter or terminate a revocable trust.
#9
What is the key difference between a revocable and irrevocable trust?
Revocable trusts can be modified or terminated, while irrevocable trusts cannot
ExplanationRevocable trusts offer flexibility as they can be modified or terminated, unlike irrevocable trusts.
#10
In the context of fiduciary duty, what does the term 'loyalty' refer to?
Prioritizing the interests of the beneficiaries
ExplanationLoyalty in fiduciary duty involves prioritizing the interests of the beneficiaries.
#11
In a discretionary trust, who has the authority to distribute assets among the beneficiaries?
Trustee
ExplanationTrustees in discretionary trusts have the authority to distribute assets among beneficiaries.
#12
What is a 'resulting trust' in the context of trust law?
A trust that arises by implication from the actions of the parties involved
ExplanationA resulting trust is one that arises implicitly from the actions of the involved parties.
#13
What is the purpose of a spendthrift trust?
To protect trust assets from creditors
ExplanationSpendthrift trusts safeguard trust assets from creditors seeking to claim them.
#14
What is the 'prudent person' rule often associated with in fiduciary relationships?
Investment decisions
ExplanationThe 'prudent person' rule pertains to making sound investment decisions in fiduciary relationships.
#15
Which legal document outlines the terms and conditions of a trust agreement?
Trust deed
ExplanationThe trust deed specifies the terms and conditions of a trust agreement.
#16
What is a 'spendthrift provision' in a trust agreement?
A safeguard against creditors seizing trust assets
ExplanationSpendthrift provisions protect trust assets from creditors seeking to seize them.
#17
What is the purpose of a charitable remainder trust?
To provide income to the beneficiaries for a specified period, with the remainder going to a charitable organization
ExplanationCharitable remainder trusts provide income to beneficiaries for a specified period, with the remainder going to a charitable organization.
#18
Which legal doctrine allows a court to set aside a transaction due to a conflict of interest?
Unclean hands
ExplanationThe unclean hands doctrine permits courts to set aside transactions tainted by conflict of interest.
#19
What is the role of a 'protector' in certain trust structures?
Independent third party overseeing the trustee's actions
ExplanationProtectors serve as independent third parties overseeing the actions of trustees in certain trust structures.
#20
In the context of trusts, what does 'cy-pres' mean?
A legal principle allowing the court to modify charitable purposes
Explanation'Cy-pres' is a legal principle permitting courts to modify charitable purposes when necessary.