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Terms associated with Trust

Wednesday, January 20, 2010


Cestui Que Trust- a beneficiary under a trust
 Beneficiary- 1. a person entitled to benefit from a trust. The beneficiary holds a beneficial interest in the property of which a trustee holds the legal interest. A beneficiary was known as cestui que trust.2. one who benefits from a will.
 Trustee-  a person having a nominal title to property that he holds for the benefit of one or more others, the beneficiary. Trustee may be individual or corporate bodies & can include such specialist as judicial trustee, custodian trustee, & the public trustee.
Settlor- a person who creates a settlement. In a broad sense the term includes testators, in a more restricted sense it signifies one who settles property during his life.
Settlement- a disposition of land or other property, made by deed, will, or very rarely by statue under which trust are created by the settlor designating the beneficiaries & the terms on which they are to take the property
Testator- a person who makes a will.
Testament- a will, strictly speaking, a testament is a will dealing only with the testator's personal property, not his land.
Testamentary trust- a trust contained a will.
Testamentary capacity- the ability to make a legally valid will. Person under 18 & mental patient do not have testamentary capacity.
Testate- having left, at one's death, a legally valid will.
Legacy- a gift of personal property effected by will.
Legatee- the person to whom the legacy is given.
Donor- given or gift.
Donee- the person take/accepted the gift.
Objects of a power- person in whose favour a power of appointment may be exercised, potential appointees.
Personal representative- a person entitled to deal with a deceased person's estate in accordance with his will or under the rules relating to intestacy. Eg : executors & administrators of all discriptions.
Intestacy- the state in which a person dies without having made a will disposing of all his property.
Will- a document by which a person (called testator) appoints executors to administer his estate after his death & directs the manner in which it is to be distributed to the beneficiaries he specifies. To be valid, the will must comply with the formal requirements of the will Acts.
Codicil- a document supplementary to a will, which is executed with the same formalities under the will Act, & adds to varies, or revoke provisions in the will. It must be proved with the will.
Deed- a written document that must make it clear on its face that it is intended to be a deed & validly executed as a deed.
Covenant- a promise contained in a deed & is binding even if not supported by considerations.
Trust instrument- a deed under which property is vested in trustees upon trust to apply it for the benefit of the beneficiaries specified in the deed.
Devise- 1. a gift by will of real property, the beneficiary is called devisee. 2. to dispose of real property by will.
Devisee- the beneficiary will of real property. 
Bequest- a gift by will of property other than land.
Bequeath- to dispose by will of property other than land.

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