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| Home > Business Law > Trust |
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| Trustee/Beneficiary Of A Private Trust |
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Any person who is capable of holding property can be appointed a trustee.
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A person has capacity to hold property if such a person is capable of administering the property effectively and efficiently with ordinary prudence.Depending upon the nature of the trust, if trustee is required to play a passive and role without any scope of discretion a minor may as well be appointed as trustee
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However, where the trust involves exercise of discretion such as trust requiring sale of property or its investment, the trustee should be of theage of majority, of sound mind and should not be disqualified by any law.
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A Corporation, a company or association of persons may as well be appointed as trustee.
BENEFICIARY OF A PRIVATE TRUST
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Every person capable of holding property such as a human being,corporation, Company and even a state can be made beneficiary of a trust.
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An unborn person can also be made beneficiary.
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However, a proposed beneficiary is not bound by the desires of the person creating the trust. Such a proposed beneficiary can renounce his interest under the trust by either making a disclaimer addressed to the trustee orby setting up a claim inconsistent with the trust.
RIGHTS OF A BENEFICIARY
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Unless the trust instrument expresses a different intention, a beneficiary has a right to the rents and profits of the trust property.
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Again, the beneficiary has the right to ensure that the intention of theauthor of the trust is specifically executed to the extent of the beneficiary's interest therein.
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Accordingly, a beneficiary can compel the trustee to perform any particular act of his duty or can as well restrain the trustee from committing any contemplated or probable breach of trust.
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If no trustees are appointed or all the trustees die, disclaim or are discharged or where for any other reason the execution of a trust by the trustee becomes impracticable, the beneficiary can file a suit for the execution of the trust. In such a circumstance, the court executes the trust until a trustee is appointed for the same. |
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