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A(n) Blank______ trust is a trust created by the settlor while alive or through a will.Multiple choice question.impliedconstructiveexpressdirected

Question

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Solution

To answer the question about the type of trust created by the settlor while alive or through a will, let's analyze the options provided:

  1. Implied Trust: This type of trust is created by law based on actions or circumstances, rather than explicit intent. Implied trusts are not typically created by a settlor while alive.

  2. Constructive Trust: Similar to implied trusts, constructive trusts are not created by the direct intent of the settlor. Instead, they are imposed by law to prevent unjust enrichment and usually arise in cases of fraud or breach of duty.

  3. Express Trust: This type of trust is deliberately created by the settlor, either during their lifetime or through a will. An express trust is clearly defined and intended, making it the most relevant choice in this context.

  4. Directed Trust: A directed trust gives specific instructions on how the trustee should manage or distribute the trust assets. While this defines the management aspect, it does not relate to the creation of the trust itself in the same way as express trusts.

Analysis and Conclusion

Based on the definitions and characteristics of each type of trust, the correct answer is express trust. An express trust is the only type of trust that is explicitly created by the settlor, either during their lifetime or through a testamentary document. This establishes a legal obligation to manage and distribute the assets according to the settlor's instructions.

Final Answer

Express

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