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Check Spelling in Declaration Of Trust

Check Spelling in Declaration Of Trust

Aug 6th, 2022

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How to Check Spelling in Declaration Of Trust

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In this lesson on express trusts, the focus is on the concept of declaration. For an express trust to be properly declared, it must be articulated in words or writing, as established in the case of Ray v. Vanderwaals Trust. It's crucial to note that the emphasis lies not on the speaker's intent but on what a reasonable bystander would interpret. This marks the declaration of trust as an objective test. Additionally, it's essential to demonstrate that the settlor intended to establish the trust, which involves determining whether the settlor aimed to legally obligate someone else or a third party as the trustee. This principle is further illustrated in the case of McCormick v. Grogan.

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