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Trusts: Rights and Duties of Trustees and Beneficiaries

Description: This quiz tests your knowledge on the rights and duties of trustees and beneficiaries in a trust.
Number of Questions: 14
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Tags: trusts law rights duties trustees beneficiaries
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What is the primary duty of a trustee?

  1. To act in the best interests of the beneficiaries

  2. To maximize the value of the trust assets

  3. To comply with the terms of the trust document

  4. To avoid conflicts of interest


Correct Option: A
Explanation:

The primary duty of a trustee is to act in the best interests of the beneficiaries. This means that the trustee must make decisions that are in the best interests of the beneficiaries, even if those decisions are not in the best interests of the trustee or the trust itself.

What is the duty of loyalty?

  1. The duty to act in the best interests of the beneficiaries

  2. The duty to avoid conflicts of interest

  3. The duty to comply with the terms of the trust document

  4. The duty to preserve the trust assets


Correct Option: B
Explanation:

The duty of loyalty is the duty of a trustee to avoid conflicts of interest. This means that the trustee cannot put their own interests ahead of the interests of the beneficiaries. For example, a trustee cannot use trust assets for their own personal benefit.

What is the duty of care?

  1. The duty to act in the best interests of the beneficiaries

  2. The duty to avoid conflicts of interest

  3. The duty to comply with the terms of the trust document

  4. The duty to preserve the trust assets


Correct Option: D
Explanation:

The duty of care is the duty of a trustee to preserve the trust assets. This means that the trustee must take reasonable steps to protect the trust assets from loss or damage. For example, a trustee must invest the trust assets in a prudent manner and must keep the trust assets separate from their own personal assets.

What is the duty to account?

  1. The duty to act in the best interests of the beneficiaries

  2. The duty to avoid conflicts of interest

  3. The duty to comply with the terms of the trust document

  4. The duty to provide the beneficiaries with information about the trust


Correct Option: D
Explanation:

The duty to account is the duty of a trustee to provide the beneficiaries with information about the trust. This includes information about the trust assets, the trust income, and the trust expenses. The trustee must also provide the beneficiaries with an accounting of the trust assets and the trust income and expenses.

What is the duty to distribute income and principal?

  1. The duty to distribute income and principal to the beneficiaries in accordance with the terms of the trust document

  2. The duty to distribute income and principal to the beneficiaries in equal shares

  3. The duty to distribute income and principal to the beneficiaries in proportion to their needs

  4. The duty to distribute income and principal to the beneficiaries in a manner that is fair and equitable


Correct Option: A
Explanation:

The duty to distribute income and principal is the duty of a trustee to distribute income and principal to the beneficiaries in accordance with the terms of the trust document. The terms of the trust document will specify how the income and principal are to be distributed. For example, the trust document may specify that the income is to be distributed to the beneficiaries in equal shares or that the principal is to be distributed to the beneficiaries in proportion to their needs.

What are the rights of the beneficiaries?

  1. The right to receive income and principal from the trust

  2. The right to be informed about the trust

  3. The right to hold the trustee accountable for their actions

  4. All of the above


Correct Option: D
Explanation:

The beneficiaries of a trust have the right to receive income and principal from the trust, the right to be informed about the trust, and the right to hold the trustee accountable for their actions. The beneficiaries also have the right to enforce the terms of the trust and to seek legal remedies if the trustee breaches their duties.

What are the duties of the beneficiaries?

  1. The duty to pay taxes on the trust income

  2. The duty to reimburse the trustee for expenses incurred in administering the trust

  3. The duty to cooperate with the trustee in the administration of the trust

  4. All of the above


Correct Option: D
Explanation:

The beneficiaries of a trust have the duty to pay taxes on the trust income, the duty to reimburse the trustee for expenses incurred in administering the trust, and the duty to cooperate with the trustee in the administration of the trust. The beneficiaries also have the duty to refrain from interfering with the trustee's administration of the trust.

What is the rule against perpetuities?

  1. A rule that states that a trust cannot last for more than 21 years

  2. A rule that states that a trust cannot last for more than 100 years

  3. A rule that states that a trust cannot last for more than the lifetime of the settlor

  4. A rule that states that a trust cannot last for more than the lifetime of the beneficiaries


Correct Option: B
Explanation:

The rule against perpetuities is a rule that states that a trust cannot last for more than 100 years. This rule is designed to prevent trusts from becoming perpetual and to ensure that the trust assets are eventually distributed to the beneficiaries.

What is the cy-près doctrine?

  1. A doctrine that allows a court to modify the terms of a trust if the original purpose of the trust has become impossible or impracticable

  2. A doctrine that allows a court to terminate a trust if the original purpose of the trust has become impossible or impracticable

  3. A doctrine that allows a court to distribute the trust assets to the beneficiaries if the original purpose of the trust has become impossible or impracticable

  4. A doctrine that allows a court to sell the trust assets and distribute the proceeds to the beneficiaries if the original purpose of the trust has become impossible or impracticable


Correct Option: A
Explanation:

The cy-près doctrine is a doctrine that allows a court to modify the terms of a trust if the original purpose of the trust has become impossible or impracticable. This doctrine is designed to ensure that the trust assets are used for a purpose that is as close as possible to the original purpose of the trust.

What is a resulting trust?

  1. A trust that is created when a person transfers property to another person without specifying how the property is to be used

  2. A trust that is created when a person transfers property to another person for a specific purpose, but the purpose fails

  3. A trust that is created when a person transfers property to another person for a specific purpose, but the purpose becomes impossible or impracticable

  4. A trust that is created when a person transfers property to another person for a specific purpose, but the purpose is illegal


Correct Option: A
Explanation:

A resulting trust is a trust that is created when a person transfers property to another person without specifying how the property is to be used. In such cases, the law presumes that the person intended to create a trust for the benefit of the transferor or the transferor's heirs.

What is a constructive trust?

  1. A trust that is created by a court order

  2. A trust that is created by statute

  3. A trust that is created by the operation of law

  4. A trust that is created by a written agreement


Correct Option: A
Explanation:

A constructive trust is a trust that is created by a court order. Constructive trusts are typically imposed by courts to prevent unjust enrichment. For example, a court may impose a constructive trust on property that was acquired by fraud or duress.

What is a spendthrift trust?

  1. A trust that is designed to protect the trust assets from the creditors of the beneficiaries

  2. A trust that is designed to protect the trust assets from the creditors of the trustee

  3. A trust that is designed to protect the trust assets from the creditors of the settlor

  4. A trust that is designed to protect the trust assets from the creditors of all of the above


Correct Option: A
Explanation:

A spendthrift trust is a trust that is designed to protect the trust assets from the creditors of the beneficiaries. Spendthrift trusts are typically created by settlors who want to ensure that the trust assets will be available to the beneficiaries for their support and maintenance.

What is a discretionary trust?

  1. A trust in which the trustee has the discretion to distribute income and principal to the beneficiaries

  2. A trust in which the trustee has the discretion to accumulate income and principal

  3. A trust in which the trustee has the discretion to distribute income and principal to the beneficiaries or to accumulate income and principal

  4. A trust in which the trustee has the discretion to do whatever they want with the trust assets


Correct Option: C
Explanation:

A discretionary trust is a trust in which the trustee has the discretion to distribute income and principal to the beneficiaries or to accumulate income and principal. The trustee's discretion is typically limited by the terms of the trust document.

What is a charitable trust?

  1. A trust that is created for a charitable purpose

  2. A trust that is created for a religious purpose

  3. A trust that is created for an educational purpose

  4. A trust that is created for a scientific purpose


Correct Option: A
Explanation:

A charitable trust is a trust that is created for a charitable purpose. Charitable purposes include a wide range of activities, such as providing relief to the poor, promoting education, and advancing religion.

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