Trusts · Lesson 01
Trust Creation: Elements
這一課問的是：信託是否有效成立 — 設立人意圖、受託人、受益人、信託財產、有效目的？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Has a valid trust been created — with settlor's intent, trustee, beneficiaries, trust property, and valid purpose?
這一課問的是：信託是否有效成立 — 設立人意圖、受託人、受益人、信託財產、有效目的？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
trust
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Fiduciary arrangement: trustee holds property for beneficiary.
信託。
settlor
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Creator of trust.
設立人。
trustee
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Holds legal title for beneficiary.
受託人。
beneficiary
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Holds equitable title; receives benefits.
受益人。
trust property (res)
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Property subject to trust.
信託財產。
trust purpose
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Lawful and not contrary to public policy.
信託目的。
merger
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Sole trustee = sole beneficiary causes trust to fail.
合併。
Issue · what this lesson is really about
Has a valid trust been created — with settlor's intent, trustee, beneficiaries, trust property, and valid purpose?
這一課問的是：信託是否有效成立 — 設立人意圖、受託人、受益人、信託財產、有效目的？
Trigger words & phrases that should flag this issue:
trustsettlortrusteebeneficiarycorpusres
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State elements | A valid trust requires (1) intent to create, (2) trustee, (3) ascertainable beneficiaries, (4) trust property, (5) valid purpose. | 信託五要件。 |
| Apply intent | Intent must be specific and present, not aspirational. | 須具體現在之意圖，非未來期望。 |
| Apply property | Trust must have property; future-only trusts fail. | 必須有財產；純未來信託失效。 |
| Apply beneficiaries | Beneficiaries must be ascertainable or capable of being ascertained. | 受益人須可確定。 |
Rule Sentence · the workhorse
A valid express trust requires (1) settlor's manifestation of intent to create a trust, (2) a trustee, (3) ascertainable beneficiaries (or charitable purpose), (4) trust property (the res), and (5) a valid lawful purpose; absent these, the trust fails.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人settlor設立人
Act 行為manifesting trust intent表達信託意圖
Object 對象trust property信託財產
Standard 法律標準five elements五要件
Consequence 後果valid trust + trustee duties有效信託 + 受託義務
Casebook Snapshot · a real American case
Lux v. Lux
Holding. A testamentary trust is valid when the will manifests the testator's intent to create a trust, identifies a trustee (or one can be appointed), describes trust property, and designates ascertainable beneficiaries, even where the trust terms are general; courts may supply missing details through equity.
Why it matters. Lux confirms courts' willingness to save trusts where the testator's intent is clear, supplying missing details by equity.
Lux：法院願以衡平補足意圖明確之信託。
Common Mistakes · what trips students
✗ 「I trust you」 = trust creation。
✓ Must be present manifestation of trust intent.
須現時表達信託意圖。
✗ trust 不需要 property。
✓ Trust must have res; future-only trusts fail.
信託須有財產。
✗ trustee 與 beneficiary 可以是同一人。
✓ Sole trustee = sole beneficiary causes merger; trust fails.
唯一受託人 = 唯一受益人 → 合併失效。
Mini IRAC · build the Application
Issue. Has a valid trust been created when settlor S declared "I hold this $1M in trust for my niece N until she turns 25"?
Rule. A valid express trust requires settlor's intent, trustee, ascertainable beneficiaries, trust property, and valid purpose.
Application (model). S manifested trust intent ("I hold ... in trust"), is the trustee, has identified N as beneficiary, has identified property ($1M), and stated a valid purpose (until N reaches 25). Because all five elements of a valid express trust are satisfied — intent, trustee, beneficiary, res, purpose — the fact that S clearly intended trust status with a specific beneficiary, property, and purpose means a valid express trust exists.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, a valid trust has been created, and S as trustee owes fiduciary duties to N.
MBE Check · multiple choice
S writes "I will hold property in trust for my friend F's benefit when I receive my inheritance next year." S receives no inheritance. Has a trust been created?
Mini Essay · write the Application paragraph
Facts. S writes a check for $500,000 payable to "Trustee for the benefit of my children," hands it to T, and says, "I want you to manage this for my kids' education." S dies the next day without further instructions. T deposits the check.
Call. Has a valid trust been created?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: