trust legal definition

noun

Property that is held by one party, the trustee, for the benefit of another, the beneficiary. The one who supplied the property or consideration for the trust is the settlor. Trust also encompasses any relationship in which one acts as a fiduciary or guardian for another.
blind trust
A trust whereby the settlor places all financial interests under the control of an independent trustee for a period of time, most often in order to avoid the appearance of a conflict of interest.
constructive (involuntary) trust
A trust that is imposed by a court against one who has acquired property by wrongful means, in order to prevent the holder of that propertyÂ’s being unjustly enriched and for the benefit of the rightful owner. No fiduciary relationship is created by this type of trust.
discretionary trust
A trust in which the settlor has granted the trustee the discretion to pay to the beneficiary as much of the income or principal as the trustee sees fit. This is the type of trust most often used in estate planning.
express (direct) trust
A trust set up with an affirmative expression by the settlor (usually in writing) of the purpose of the trust. This is an ordinary trust as distinct from a resulting or constructive one.
fixed investment trust
See nondiscretionary trust.
generation skipping trust
A trust set up to transfer property to a beneficiary more than one generation removed from the settlor, such as a grandchild.
grantor trust
In this type of trust, the settlor retains so much control over the property in trust and/or its income that the settlor is responsible for taxes on that property.
inter vivos trust
A trust created and takes effect during the lifetime of the grantor.
pourover trust
An intervivos trust that receives money from another trust or other source or that distributes receipts to another trust.
precatory trust
. Trusts created by a will by use of precatory words such as “wish” or some other entreaty rather than specific direction. See also precatory.
resulting trust
A trust brought about by law when the circumstances in which property is transferred that suggest that it was not the intention of the transferor to give beneficial interest in the property to the transferee.
testamentary trust
 A trust created by a will and that comes into ­existence upon the death of the grantor.
Totten trust
A bank account created by the depositor in trust for another. It is often used to name a successor to an account without the need to write a will. It is also fully revocable.
voting trust
The combination of voting rights among a group of stockholders to exert a higher degree of influence or control within the corporation, or to bring about a specific result. 

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