Trusts: Reformation and Rescission

Description: This quiz covers the concepts of reformation and rescission in the context of trusts, including the grounds for reformation, the types of rescission, and the effects of reformation and rescission.
Number of Questions: 14
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Tags: trusts reformation rescission trust law
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What is the primary purpose of reformation in the context of trusts?

  1. To correct mistakes in the trust document

  2. To change the terms of the trust

  3. To terminate the trust

  4. To distribute the trust assets to the beneficiaries


Correct Option: A
Explanation:

Reformation is a legal process that allows a court to correct mistakes in a trust document. This can include mistakes in the language of the document, errors in the description of the trust property, or mistakes in the identification of the beneficiaries.

Which of the following is NOT a ground for reformation of a trust?

  1. Mistake

  2. Fraud

  3. Undue influence

  4. Changed circumstances


Correct Option: D
Explanation:

Changed circumstances is not a ground for reformation of a trust. Reformation is only available to correct mistakes that existed at the time the trust was created.

What is the effect of reformation of a trust?

  1. The trust document is corrected to reflect the settlor's true intent

  2. The trust is terminated

  3. The trust assets are distributed to the beneficiaries

  4. The trustee is removed from office


Correct Option: A
Explanation:

The effect of reformation is to correct the trust document to reflect the settlor's true intent. This may involve adding, deleting, or changing language in the document.

What is rescission of a trust?

  1. The cancellation of a trust

  2. The termination of a trust

  3. The distribution of the trust assets to the beneficiaries

  4. The removal of the trustee from office


Correct Option: A
Explanation:

Rescission is the cancellation of a trust. This can occur for a variety of reasons, including fraud, undue influence, mistake, or illegality.

What are the two types of rescission of a trust?

  1. Void and voidable

  2. Express and implied

  3. Total and partial

  4. Actual and constructive


Correct Option: A
Explanation:

There are two types of rescission of a trust: void and voidable. A void trust is one that is invalid from the beginning, while a voidable trust is one that is valid at its creation but can be later rescinded.

What is the effect of rescission of a trust?

  1. The trust is terminated

  2. The trust assets are distributed to the beneficiaries

  3. The trustee is removed from office

  4. All of the above


Correct Option: D
Explanation:

The effect of rescission of a trust is that the trust is terminated, the trust assets are distributed to the beneficiaries, and the trustee is removed from office.

What is the difference between reformation and rescission of a trust?

  1. Reformation corrects mistakes in the trust document, while rescission cancels the trust

  2. Reformation changes the terms of the trust, while rescission terminates the trust

  3. Reformation is available only for mistakes, while rescission is available for a variety of reasons

  4. All of the above


Correct Option: D
Explanation:

Reformation corrects mistakes in the trust document, while rescission cancels the trust. Reformation is available only for mistakes, while rescission is available for a variety of reasons, including fraud, undue influence, mistake, or illegality.

Can a trust be reformed or rescinded after it has been fully executed?

  1. Yes, if the mistake was discovered after the trust was fully executed

  2. No, a trust cannot be reformed or rescinded after it has been fully executed

  3. It depends on the jurisdiction

  4. It depends on the terms of the trust


Correct Option: C
Explanation:

Whether a trust can be reformed or rescinded after it has been fully executed depends on the jurisdiction. Some jurisdictions allow reformation and rescission even after the trust has been fully executed, while others do not.

What is the statute of limitations for reformation or rescission of a trust?

  1. The same as the statute of limitations for breach of contract

  2. The same as the statute of limitations for fraud

  3. The same as the statute of limitations for mistake

  4. It varies from jurisdiction to jurisdiction


Correct Option: D
Explanation:

The statute of limitations for reformation or rescission of a trust varies from jurisdiction to jurisdiction. In some jurisdictions, the statute of limitations is the same as the statute of limitations for breach of contract, while in others it is the same as the statute of limitations for fraud or mistake.

Who can bring an action for reformation or rescission of a trust?

  1. The settlor of the trust

  2. The beneficiaries of the trust

  3. The trustee of the trust

  4. Any of the above


Correct Option: D
Explanation:

Any of the settlor, the beneficiaries, or the trustee of the trust can bring an action for reformation or rescission of the trust.

What is the burden of proof in an action for reformation or rescission of a trust?

  1. The plaintiff must prove that the mistake, fraud, undue influence, or illegality was material

  2. The plaintiff must prove that the mistake, fraud, undue influence, or illegality caused them harm

  3. Both of the above

  4. Neither of the above


Correct Option: C
Explanation:

In an action for reformation or rescission of a trust, the plaintiff must prove that the mistake, fraud, undue influence, or illegality was material and that it caused them harm.

What are some of the defenses to an action for reformation or rescission of a trust?

  1. Laches

  2. Estoppel

  3. Unclean hands

  4. All of the above


Correct Option: D
Explanation:

Some of the defenses to an action for reformation or rescission of a trust include laches, estoppel, and unclean hands.

What is the remedy for reformation or rescission of a trust?

  1. The trust document is corrected

  2. The trust is terminated

  3. The trust assets are distributed to the beneficiaries

  4. All of the above


Correct Option: D
Explanation:

The remedy for reformation or rescission of a trust can include correcting the trust document, terminating the trust, and distributing the trust assets to the beneficiaries.

What are some of the practical considerations in deciding whether to seek reformation or rescission of a trust?

  1. The cost of litigation

  2. The likelihood of success

  3. The potential impact on the beneficiaries

  4. All of the above


Correct Option: D
Explanation:

Some of the practical considerations in deciding whether to seek reformation or rescission of a trust include the cost of litigation, the likelihood of success, and the potential impact on the beneficiaries.

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