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Author Topic: trusts and consideration  (Read 295 times)

Wild Jack Maverick

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trusts and consideration
« on: September 19, 2006, 04:34:27 PM »
A settlor designates that a trust is a gift with no consideration other than love and affection.

Is the love and affection enforceable??
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Strong

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Re: trusts and consideration
« Reply #1 on: September 19, 2006, 05:08:18 PM »
I would say no, it is not a bargained for exchange, it's a conditional gratuitous promise
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J D

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Re: trusts and consideration
« Reply #2 on: September 19, 2006, 07:11:41 PM »
A PROMISE to make a gift is gratuitous and unenforceable.  Has he executed the trust instrument/gift? 
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