Law School Discussion

trusts and consideration

Wild Jack Maverick

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trusts and consideration
« on: September 19, 2006, 02:34:27 PM »
A settlor designates that a trust is a gift with no consideration other than love and affection.

Is the love and affection enforceable??

Strong

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Re: trusts and consideration
« Reply #1 on: September 19, 2006, 03:08:18 PM »
I would say no, it is not a bargained for exchange, it's a conditional gratuitous promise

J D

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Re: trusts and consideration
« Reply #2 on: September 19, 2006, 05:11:41 PM »
A PROMISE to make a gift is gratuitous and unenforceable.  Has he executed the trust instrument/gift?