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Trusts and Fiduciary Relationships Quiz

#1

Which of the following is a characteristic of a trust?

Unilateral control
Explanation

Trusts 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
Explanation

Trustees are obligated to act in the best interests of the beneficiaries.

#3

Which court may have jurisdiction over trust disputes?

Probate Court
Explanation

Probate courts typically handle disputes related to trusts.

#4

What is the significance of the 'settlor' in a trust agreement?

Individual establishing the trust
Explanation

The settlor is the individual who establishes the trust.

#5

What is the primary purpose of a constructive trust?

To remedy unjust enrichment or fraud
Explanation

Constructive 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
Explanation

Fiduciary 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
Explanation

Fiduciary 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
Explanation

The 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
Explanation

Revocable 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
Explanation

Loyalty 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
Explanation

Trustees 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
Explanation

A 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
Explanation

Spendthrift 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
Explanation

The '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
Explanation

The 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
Explanation

Spendthrift 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
Explanation

Charitable 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
Explanation

The 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
Explanation

Protectors 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.

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