The Law of Trust

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If the settlor retains power to ______ or ______ the trust, or control the ______ and _____ during life, _____ may reach the trust assets after _____ if the ______ is insufficient to pay debts. (_____)

amend; revoke; income; principal; creditors; death; estate; Reiser

A _____ for the care of a specific ______ is valid if the transferee ______ the gift and agrees to carry out the testator's ______, and the duration is properly ______. (_____)

bequest; animal; accepts; wishes; limited; Searight

In a _____ trust, ______ generally cannot compel ______ or reach trust ______. (_____)

discretionary; creditors; distributions; assets; UTC

A ______ trust gives the ______ discretion over whether to make ______ to beneficiaries. (______)

discretionary; trustee; payments; Marsman

A trustee owes ______ duties to the beneficiaries and must act ______, ______, and in the beneficiaries' _____ interests. (_____; ______)

fiduciary; loyally; prudently; best; In re Rothko; Harman

A pet may benefit from an _____ trust if the transferee ______ the gift, agrees to carry out the testator's ______, and the trust complies with ______ (21 years, not the life of the _____). (______)

honorary; accepts; wishes; RAP; pet; In re Searight Estate

Beneficiaries may seek ______ of a trustee who ______ fiduciary duties. (_____)

removal; breaches; Marsman

A trust is created when: (1) the ______ has ____; (2) the settlor indicates an ______ to ____ a trust; (3) there is a definite ______ ; (4) the trustee has ______; and (5) the same person is not sole ______ and sole ______. (_____)

settlor; capacity; intent; create; beneficiary; duties; trustee; beneficiary; UTC

A ______ trust imposes a disabling ______ preventing beneficiaries from ______ transferring their interests and preventing most ______ from reaching them. (_____)

spendthrift; restraint; voluntarily; creditors; UTC

A ______ trust directs the trustee to use trust ______ or ______ as necessary for the beneficiary's ______. (______)

support; income; principal; support; In re Estate of Brown

A _____ is an arrangement in which a trustee manages property as a ______ for one or more ______. (______)

trust; fiduciary; beneficiaries; UPC

A _____ cannot be ______ or ______ before the _____ set for termination if doing so would violate a ______ purpose of the settlor. (_____)

trust; modified; terminated; time; material; Claflin

If a trustee sells _____ property and acquires new ______ with the proceeds, the beneficiaries may _____ the trust on the newly ______ property. (_______)

trust; property; enforce; acquired; UTC

If a _____ wrongfully ______ trust property, the beneficiaries may ______ the property unless it has gone to a ____ ____ _____ for value. (_______)

trustee; disposes; recover; bona fide purchaser; UTC

No particular ______ are required to create a trust — only ______ to create a trust relationship is necessary. (______)

words; intent; UTC


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