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Trusts: Cy-Pres Doctrine

Description: This quiz will test your knowledge of the Cy-Pres Doctrine in Trusts.
Number of Questions: 14
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Tags: trusts cy-pres doctrine
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What is the primary purpose of the Cy-Pres Doctrine?

  1. To allow the court to modify the terms of a trust to achieve the settlor's original intent.

  2. To allow the court to terminate a trust if it is no longer serving its original purpose.

  3. To allow the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. To allow the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option: A
Explanation:

The Cy-Pres Doctrine is a legal principle that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

What are the two main types of Cy-Pres Doctrine?

  1. Express and Implied

  2. General and Specific

  3. Resulting and Constructive

  4. Active and Passive

Show answer
Correct Option: A
Explanation:

There are two main types of Cy-Pres Doctrine: express and implied. Express Cy-Pres Doctrine is when the settlor of the trust explicitly states in the trust document that the court may modify the terms of the trust if necessary to achieve the settlor's original intent. Implied Cy-Pres Doctrine is when the court implies that the settlor would have wanted the court to modify the terms of the trust if necessary to achieve the settlor's original intent.

What are the three main factors that the court considers when deciding whether to apply the Cy-Pres Doctrine?

  1. The settlor's intent, the purpose of the trust, and the circumstances that have changed since the trust was created.

  2. The settlor's intent, the beneficiaries of the trust, and the circumstances that have changed since the trust was created.

  3. The settlor's intent, the trustee of the trust, and the circumstances that have changed since the trust was created.

  4. The settlor's intent, the court, and the circumstances that have changed since the trust was created.

Show answer
Correct Option: A
Explanation:

The three main factors that the court considers when deciding whether to apply the Cy-Pres Doctrine are the settlor's intent, the purpose of the trust, and the circumstances that have changed since the trust was created.

What is the difference between a deviation and a modification under the Cy-Pres Doctrine?

  1. A deviation is a minor change to the terms of the trust, while a modification is a major change to the terms of the trust.

  2. A deviation is a temporary change to the terms of the trust, while a modification is a permanent change to the terms of the trust.

  3. A deviation is a change to the terms of the trust that is made by the trustee, while a modification is a change to the terms of the trust that is made by the court.

  4. A deviation is a change to the terms of the trust that is made to achieve the settlor's original intent, while a modification is a change to the terms of the trust that is made to achieve a different purpose.

Show answer
Correct Option: A
Explanation:

A deviation is a minor change to the terms of the trust that is made by the trustee in order to achieve the settlor's original intent. A modification is a major change to the terms of the trust that is made by the court in order to achieve the settlor's original intent.

What is the doctrine of approximation?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option: A
Explanation:

The doctrine of approximation is a doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

What is the doctrine of salvage?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option: D
Explanation:

The doctrine of salvage is a doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

What is the doctrine of resulting trust?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option: D
Explanation:

The doctrine of resulting trust is a doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

What is the doctrine of constructive trust?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option: D
Explanation:

The doctrine of constructive trust is a doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

What is the doctrine of equitable deviation?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option: A
Explanation:

The doctrine of equitable deviation is a doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

What is the doctrine of judicial cy-pres?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option: A
Explanation:

The doctrine of judicial cy-pres is a doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

What is the doctrine of administrative cy-pres?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option:
Explanation:

The doctrine of administrative cy-pres is a doctrine that allows the trustee to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

What is the doctrine of charitable cy-pres?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option:
Explanation:

The doctrine of charitable cy-pres is a doctrine that allows the court to modify the terms of a charitable trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

What is the doctrine of non-charitable cy-pres?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option:
Explanation:

The doctrine of non-charitable cy-pres is a doctrine that allows the court to modify the terms of a non-charitable trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

What is the doctrine of resulting trust?

  1. A doctrine that allows the court to modify the terms of a trust to achieve the settlor's original intent, even if the original terms of the trust are no longer possible or practical.

  2. A doctrine that allows the court to terminate a trust if it is no longer serving its original purpose.

  3. A doctrine that allows the court to appoint a new trustee if the original trustee is unable or unwilling to serve.

  4. A doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

Show answer
Correct Option: D
Explanation:

The doctrine of resulting trust is a doctrine that allows the court to distribute the trust assets to the beneficiaries if the trust is no longer valid.

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