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Under a trust, there are 2 types of interest in trust property that the parties to the trust instrument will acquire. A trustee has a legal interest in the trust property and the power to deal and invest the trust property, subject to the terms of the instrument that created the trust.
A trustee should not use the trust property for his own profit or any other purpose, unconnected with the trust. 4. A trustee cannot buy the trust property on his own account or as an agent of a third person.
Typically, you transfer property, such as art or real estate, to a trust. The trust holds the asset until it is transferred to a charity, usually after your death. The donor may continue to enjoy the use of the property and also realize estate tax savings by donating it to a charity.
A trust is a legal arrangement intended to ensure a person's assets eventually go to specific beneficiaries. The person creating the trust puts assets in the name of the trust and authorizes a third party to administer those assets for the trust creator and the beneficiaries.
The cost of creating a living trust depends on whether you do it yourself or hire an attorney to help you. You can use software to put together one yourself for usually less than a couple hundred dollars, and an attorney often costs more than $1,000.
While Indian laws do not recognise trusts as a separate legal entity, they recognise trusts as an obligation of the trustee to hold and own the property, not as an absolute owner (ie as both legal and beneficial owner), but to use and manage the trust prop- erty for the benefit of the beneficiaries.
The key characteristic of a trust is that it permits the separation of legal ownership and beneficial interest: the trustees become the owners of the trust property as far as third parties are concerned, and the beneficiaries are entitled to expect that the trustees will manage the trust property for their benefit.
Trustees are trusted to make decisions in the beneficiary's best interests and often have a fiduciary responsibility, meaning they act in the best interests of the trust beneficiaries to manage their assets.
Creation of a Trust To create a trust, the property owner (called the "trustor," "grantor," or "settlor") transfers legal ownership to a family member, professional, or institution (called the "trustee") to manage that property for the benefit of another person (called the "beneficiary").
The subject matter of trust is called 'trust property' or 'trust-money. The 'beneficial interest' or 'interest of the beneficiary' is his right against the trustee as the owner of trust-property.