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Correct Declaration Of Trust

Correct Declaration Of Trust

Aug 6th, 2022

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How to Correct Declaration Of Trust

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In this lesson, the focus is on express trusts, particularly regarding their declaration. For an express trust to be properly declared, it must be communicated in words or writing, a principle established in the case of Ray v. Van der Waals Trust. It's essential to note that the intention behind the declaration is evaluated from the perspective of a reasonable bystander, not the speaker's intent. Additionally, the settlor must demonstrate a clear intention to create the trust, indicating a desire to legally bind another party as the trustee. The case of McCormick v. Grogan is referenced to further illustrate these concepts.

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