Is it a true trust if settlor has reserved a right to revoke it?
Is it a true trust if settlor has reserved a right to revoke it?
Classic equity doctrine. By the 1940s, it was settled law that a funded revocable inter vivos trust with multiple beneficiaries was a true trust. See Nat’l Shawmut Bnk v. Joy, 53 N.E.2nd 113 (1944). It was not merely a failed will that was void ab initio due to noncompliance with the execution requirements of the statute of wills. Nor was it a mere common law agency. Had it been, legal title would have remained with the purported settlor such that upon his death legal title would have passed not... By: Charles E. Rounds, Jr. - Suffolk University
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