7/25/2019 Something for Trusts

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Do we need a trust instrument in writing?NO it doesnt have to be in writingOther areas of the law require a written instrument

Like, statute of frauds requiring transaction of real propertyto be in writing

hat do we do if its not?!f a conveyance has occurred, and an oral trust was made,the oral trust is invalid because it violates the statute offrauds" #nder #n$ust %nrichment law, the holder of legaltitle is sub$ect to constructive trust in equity forcing themto do one of two things& '( if ) is a bad actor itll force himto give up legal title to bene*ciary or new trustee +courtcreated(" - N%.%/ 0%12 1O 3%%4 15% L6ND7 8ost of thetime remedy is through un$ust enrichment +restitution asopposed to damage(2ometimes, damages would be better so take that route

+not how much they gained, but how much we were hurt,we lost a lot of value("

594O 25%%1!" !t is a trust" 5e separated the legal and equitable rights

+legal to Naomi, equitable to 5elena(" 9ou dont need tofollow the formalities of will law, +trusts dont need to bewitnessed(" 4roblem comes up if this is real property or not+because we dont know if it was in writing or if hetransferred real property(" Lets say it was an oral trust forreal property& then trust would be invalid, and we would

create a constructive trust through un$ust enrichment forintestate heirs to take this and would be given to 5elena"

!!" 1his is a res question" !s there su:cient funding to create atrust? On ;an '< 6 created a pour over will +trust giving allassets into trust(" 6 had intended to avoid probate bycreating trust, but he never funded it" 5owever, when hedied on ;une '