Capacity to Create a Trust

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01
Settlor capacity
What facts tell you that a settlor's capacity is doubtful, and which trust route should you test first?
02
Understand the disposition
Talk through the required legal elements for capacity to create a trust.
03
Illness and influence evidence
What facts would prove or weaken each element?
04
Lifetime versus will capacity
What distinction stops a learner from misanalysing capacity to create a trust?
05
Trust void for incapacity
What changes for the parties if the claim or power succeeds?
06
Unwind incapacity trust
An elderly settlor transfers most wealth into a trust after illness. Explain the capacity check before trust validity.

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Capacity to Create a Trust

Guided prompts in this topic

Settlor capacity

Understand the disposition

Illness and influence evidence

Lifetime versus will capacity

Trust void for incapacity

Unwind incapacity trust