Qu7ery on trust deed

 

Hi, 

Need your help in this. Please ask your lawyer friends/ seniors etc.  

Mrs. A gave certain property and money, etc. by way of will to Mr. B and Mr. C. Amongst those funds, Mrs. A has directed that certain residuary sum of money should be utilized for charitable purposes for the general public. Mr. B and Mr. C are not appointed as the executors.

Mrs. A is dead as on this day and all her property and money are appropriately distributed as per her will. Mr. B and Mr. C have received their part of property as well as funds. As directed under the will, Mr. B and Mr. C want to create a trust in the name of Mrs. A   AS ON THIS DAY and transfer the said residuary sum of money. Also, they do not want to hold the said sum of money in their own name, being a large amount, it is creating problems for income tax purposes. 

(a) Can a trust be created AS ON THIS DATE when the settlor is dead?

(b) If yes, who shall sign on behalf of the executor?

(c) Can Mr. B & Mr. C sign on her behalf?  If yes, then they shall be signing on behalf of the settlor as well as the trustees? Is this allowed? 

(d) Mr. B & Mr. C want to create a trust specifying that the trust is created as per will of Mrs. A and funds are transferred from there for the beneficiaries? How can the same be drafted, especially the first paragraph?

 

Replies (2)

Hi..

According to the will :-

1-Fund will be distributed amont B C and Generla Public.

2-after death, B and C received their part

Now your question and my opinion:-

Truest may be created (reason:- at the time of drafting of will the intention of authod that the property will be distributed among B C and General Public, MR B and C received their part but question is that "How can general public received therif part", now the duty of Mr. B and C creat a trust with according to the will but will have not given right to them how it execute, So now this time we assume the intention of will or Mrs. A, So law is not prohbit to act for good,

Therefore as well as a leagl duty and moral duty of B and C will creat a trust for the purpose of benifit of large public.

Thanks and Regards

 

 

Thanks, Mr. Jha. 

Any specific format available to draft the first para  of trust deed stating the definitions of settlor, trustees and incorporating details of will? 

 

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