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How can I set up an educational trust?
To set up an educational trust, you need to create a legal document outlining the trust's purpose, appoint trustees to manage the trust, fund the trust with assets, and comply with relevant laws and regulations. It is advisable to seek legal advice to ensure the trust is properly established and managed.
Can co-executors of an estate whose assets are Under Trust by mutual agreement break the trust and distribute the assets prior to either of them dying?
The trustees must follow the provisions of the trust. If the trust doesn't provide that option or an option for the trustees to act at their discretion then the trustees must petition the court to modify the trust. They should be prepared to explain to the court why the trust should be modified. The judge will review the matter and issue a decision.
Can two people be the trustor of a trust?
No, typically there is only one trustor or settlor who creates the trust. Multiple individuals can be beneficiaries or trustees of a trust, but only one person establishes the trust and transfers assets into it.
Who can register a Trust in India?
Any individual or group of individuals who intend to dedicate their assets for charitable, religious, educational, or social welfare purposes can register a trust in India. Typically, founders, trustees, and beneficiaries are involved in the registration process. It is crucial to ensure that the objectives and activities of the trust align with the legal requirements for registration.
What is an offshore trust?
The concept of a trust is an arrangement whereby property is transferred from one person (the Settlor) to another person (the Trustee) who holds the property for the benefit of specific people (the Beneficiaries). A Trust Deed sets out the terms and conditions under which the Trustees hold the trust assets. It also outlines the rights of the Beneficiaries. A trust is not dissimilar to a will except that assets are transferred to trustees during lifetime rather than assets being transferred to executors on death. The Trust Deed is comparable to the will. Those unfamiliar with the trust concept may be concerned about transferring ownership of their property to a Trustee. This concern can be alleviated if the distinction between legal and beneficial ownership is properly understood and the trust is governed by sound law enforced in a reputable jurisdiction. See http://www.sovereigngroup.com/our-services/trust-services/introduction.htm for more details.
Person who holds assets in a trust for beneficiary?
That person is called the trustee. The trustee has the legal authority to handle the trust assets according to the provisions set forth in the trust.
What rights does a co trustee have?
A co-trustee has the right to participate in decision-making, access trust information, and manage trust assets. Co-trustees typically have equal rights and responsibilities, as outlined in the trust document or by state law. Collaboration and cooperation among co-trustees are crucial for effectively carrying out their duties.
What is the role of the settlor in trust registration in India?
The settlor is the person who creates the trust by transferring their assets for the benefit of the beneficiaries. Their role involves drafting the trust deed, specifying the objectives and terms of the trust, and transferring assets to the trust. While the settlor may also serve as a trustee, it is not mandatory, and they can choose to appoint other individuals as trustees.
Can trustees not follow a trust's terms?
A trustee MUST follow the terms set forth in the trust. The trustee has no other authority to deal with the trust property except as directed in the trust document. If you think the trustee is violating the trust you can bring an action in your appropriate court to have the trustee removed and a new one appointed. There may be provisions in the trust for removal of the trustee.
How does a beneficiary in a irrevocable trust remove a trustee from property?
They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.They must review the trust document to determine how trustees can be removed and replaced.
What is needed to prepare a living trust?
To prepare a living trust, you will need to gather information on your assets and decide who will be the beneficiaries and trustees. You will also need to draft a trust document that outlines the terms and conditions of the trust. Finally, the trust document must be signed and notarized to make it legally binding.
What happens to a trustee that abuses a trust?
Trustees who abuse a trust may face legal action, removal from their position as trustee, and potentially be required to repay any misused funds. The beneficiaries of the trust can take legal action to hold the trustee accountable for their actions.
