Trust Law Fundamentals - Philippines

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Questions and Answers

A trust must always have a lawful purpose; otherwise, it will be void.

True (A)

The trustee can delegate all duties, including discretionary acts, to other parties.

False (B)

A trust relationship is governed by the Civil Code of the Philippines, Title III, Chapter 1, Article 725

True (A)

Trusts are insured by the Philippine Deposit Insurance Corporation (PDIC).

<p>False (B)</p> Signup and view all the answers

The trustee mus act with the diligence of a prudent person in managing trust assets.

<p>True (A)</p> Signup and view all the answers

Donations can only take effect after the donor's death.

<p>False (B)</p> Signup and view all the answers

Trustees must always disclose the details of investments and financial affairs to the trustors

<p>True (A)</p> Signup and view all the answers

The trustor's death automatically terminates the trust relationship.

<p>False (B)</p> Signup and view all the answers

A trustor is required to express a clear intention to create a trust for it to be valid.

<p>True (A)</p> Signup and view all the answers

Estate planning is solely for minimizing taxes and does not involve securing the welfare of beneficiaries.

<p>False (B)</p> Signup and view all the answers

Flashcards

Valid Trust Purpose

A trust must have a legal reason for existing, otherwise it is invalid.

Trustee's Duty of Care

Trustees must manage trust assets with the same care a responsible person would use.

Trust Creation Intent

The person creating the trust (trustor) must clearly state their desire to create a trust.

Trustor's Death & Trust

Usually, a trust ends when the person who created it (trustor) dies.

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Trustee Delegating Duties

A trustee can transfer some duties to others, but not discretionary acts if the trust document says otherwise.

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Study Notes

Trust Law Fundamentals

  • Trusts must have a lawful purpose; otherwise, they are invalid.
  • Trustees can delegate duties, including discretionary ones, to others.
  • Trust law in the Philippines is governed by Civil Code, Title III, Chapter 1, Article 725.
  • Trusts are not insured by PDIC (Philippine Deposit Insurance Corporation).
  • Trustees must manage trust assets with prudent care.
  • Donations are effective only upon the donor's death.
  • Trustees must disclose investment and financial details to the trustor.
  • Trust termination occurs automatically upon the trustor's death.
  • The trustor must clearly intend to create a trust for its validity.
  • Estate planning is not solely about tax minimization; it also involves beneficiary welfare.

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