Trusts: Uniform Trust Code

Description: This quiz covers the Uniform Trust Code, a set of laws governing trusts in the United States.
Number of Questions: 14
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Tags: trusts uniform trust code law
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What is the primary purpose of the Uniform Trust Code?

  1. To provide a uniform set of laws governing trusts in the United States.

  2. To create a new type of trust.

  3. To abolish the concept of trusts.

  4. To provide a comprehensive guide to estate planning.


Correct Option: A
Explanation:

The Uniform Trust Code is intended to provide a uniform set of laws governing trusts in the United States, making it easier for individuals to create and administer trusts and for courts to resolve disputes involving trusts.

Which of the following is NOT a type of trust recognized under the Uniform Trust Code?

  1. Testamentary trust

  2. Revocable living trust

  3. Irrevocable living trust

  4. Charitable trust


Correct Option: A
Explanation:

Testamentary trusts are not recognized under the Uniform Trust Code. Testamentary trusts are trusts created by a will, and the Uniform Trust Code only governs trusts created during the lifetime of the settlor.

Who is the person who creates a trust?

  1. Settlor

  2. Trustee

  3. Beneficiary

  4. Probate court


Correct Option: A
Explanation:

The settlor is the person who creates a trust. The settlor transfers property to the trust and specifies the terms of the trust, including the beneficiaries and the purpose of the trust.

What is the role of the trustee in a trust?

  1. To manage and administer the trust property.

  2. To distribute the trust property to the beneficiaries.

  3. To represent the trust in legal proceedings.

  4. All of the above.


Correct Option: D
Explanation:

The trustee is responsible for managing and administering the trust property, distributing the trust property to the beneficiaries, and representing the trust in legal proceedings.

Who is the person who benefits from a trust?

  1. Settlor

  2. Trustee

  3. Beneficiary

  4. Probate court


Correct Option: C
Explanation:

The beneficiary is the person who benefits from a trust. The settlor specifies the beneficiaries of the trust in the trust document.

What is the rule against perpetuities?

  1. A rule that limits the duration of a trust to the lifetime of the settlor and their descendants.

  2. A rule that limits the duration of a trust to 21 years after the death of the settlor.

  3. A rule that limits the duration of a trust to 100 years after the creation of the trust.

  4. A rule that limits the duration of a trust to the lifetime of the beneficiaries.


Correct Option: B
Explanation:

The rule against perpetuities is a rule that limits the duration of a trust to 21 years after the death of the settlor. This rule is designed to prevent trusts from lasting indefinitely.

What is the doctrine of cy pres?

  1. A doctrine that allows a court to modify the terms of a trust if the original purpose of the trust becomes impossible or impractical.

  2. A doctrine that allows a court to terminate a trust if the original purpose of the trust becomes impossible or impractical.

  3. A doctrine that allows a court to distribute the trust property to the beneficiaries if the original purpose of the trust becomes impossible or impractical.

  4. A doctrine that allows a court to sell the trust property and use the proceeds to create a new trust with a similar purpose.


Correct Option: A
Explanation:

The doctrine of cy pres is a doctrine that allows a court to modify the terms of a trust if the original purpose of the trust becomes impossible or impractical. This doctrine is designed to ensure that the trust property is used for a purpose that is as close as possible to the original purpose of the trust.

What is the Prudent Investor Rule?

  1. A rule that requires trustees to invest the trust property in a manner that is prudent and in the best interests of the beneficiaries.

  2. A rule that requires trustees to invest the trust property in a manner that is consistent with the terms of the trust document.

  3. A rule that requires trustees to invest the trust property in a manner that is consistent with the investment objectives of the settlor.

  4. A rule that requires trustees to invest the trust property in a manner that is consistent with the investment objectives of the beneficiaries.


Correct Option: A
Explanation:

The Prudent Investor Rule is a rule that requires trustees to invest the trust property in a manner that is prudent and in the best interests of the beneficiaries. This rule is designed to ensure that the trust property is invested in a manner that is likely to generate a return for the beneficiaries while also protecting the trust property from loss.

What is the duty of loyalty?

  1. A duty that requires trustees to act in the best interests of the beneficiaries.

  2. A duty that requires trustees to avoid conflicts of interest.

  3. A duty that requires trustees to disclose all material facts to the beneficiaries.

  4. All of the above.


Correct Option: D
Explanation:

The duty of loyalty is a duty that requires trustees to act in the best interests of the beneficiaries, avoid conflicts of interest, and disclose all material facts to the beneficiaries.

What is the duty of impartiality?

  1. A duty that requires trustees to treat all beneficiaries equally.

  2. A duty that requires trustees to avoid favoring one beneficiary over another.

  3. A duty that requires trustees to distribute the trust property to the beneficiaries in accordance with the terms of the trust document.

  4. All of the above.


Correct Option: D
Explanation:

The duty of impartiality is a duty that requires trustees to treat all beneficiaries equally, avoid favoring one beneficiary over another, and distribute the trust property to the beneficiaries in accordance with the terms of the trust document.

What is the duty of prudence?

  1. A duty that requires trustees to invest the trust property in a manner that is prudent and in the best interests of the beneficiaries.

  2. A duty that requires trustees to avoid taking unnecessary risks with the trust property.

  3. A duty that requires trustees to diversify the trust property.

  4. All of the above.


Correct Option: D
Explanation:

The duty of prudence is a duty that requires trustees to invest the trust property in a manner that is prudent and in the best interests of the beneficiaries, avoid taking unnecessary risks with the trust property, and diversify the trust property.

What is the duty of disclosure?

  1. A duty that requires trustees to disclose all material facts to the beneficiaries.

  2. A duty that requires trustees to provide the beneficiaries with an accounting of the trust property.

  3. A duty that requires trustees to keep the beneficiaries informed of all transactions involving the trust property.

  4. All of the above.


Correct Option: D
Explanation:

The duty of disclosure is a duty that requires trustees to disclose all material facts to the beneficiaries, provide the beneficiaries with an accounting of the trust property, and keep the beneficiaries informed of all transactions involving the trust property.

What is the duty of accounting?

  1. A duty that requires trustees to keep accurate records of all transactions involving the trust property.

  2. A duty that requires trustees to provide the beneficiaries with an accounting of the trust property.

  3. A duty that requires trustees to file an annual tax return for the trust.

  4. All of the above.


Correct Option: D
Explanation:

The duty of accounting is a duty that requires trustees to keep accurate records of all transactions involving the trust property, provide the beneficiaries with an accounting of the trust property, and file an annual tax return for the trust.

What is the duty of loyalty?

  1. A duty that requires trustees to act in the best interests of the beneficiaries.

  2. A duty that requires trustees to avoid conflicts of interest.

  3. A duty that requires trustees to disclose all material facts to the beneficiaries.

  4. All of the above.


Correct Option: D
Explanation:

The duty of loyalty is a duty that requires trustees to act in the best interests of the beneficiaries, avoid conflicts of interest, and disclose all material facts to the beneficiaries.

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