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Efinition OF Rust: OUR Utrui
Efinition OF Rust: OUR Utrui
CHARACTERISTICS OF TRUST
1. It is a relationship;
2. It is a relationship of fiduciary character;
3. It is a relationship with respect to property, not one involving merely personal
duties;
4. It involves the existence of equitable duties, imposed upon the holder of the title
of the property to deal with it for the benefit of another;
5. It arises as a result of a manifestation of intention to create the relationship.
CO-OWNERSHIP AS A TRUST
A co-ownership is a form of a trust, with each co-owner being a trustee for each
of the others.
PARTIES TO A TRUST
1. Trustor or the person who creates or established the trust;
2. Trustee or the person who takes and holds the legal tile to the trust property, for
the benefit of another, with certain powers and subject to certain duties;
3. Beneficiary or cestui que trust or the person has an equitable interest in the
property and enjoys the benefit of the administration of the trust by the trustee
CLASSIFICATION OF TRUST
From the viewpoint of whether it becomes effective after the death of the trustor or
during his life:
1. Testamentary trust
2. Trust inter vivos (sometimes called “living trusts”)
From the viewpoint of the creative force bringing it into existence:
1. Express trust – which can come into existence only by the manifestation of an
intention to create it by the one having legal and equitable dominion over the
property made subject to it;
2. Implied trust – which comes into existence either through implication of an
intention to create a trust as a matter of law or through the imposition of the trust
irrespective of and even contrary to any such intention; it may either be:
a. A resulting trust – which arises where a person makes or causes to be
made a disposition of property under circumstances which raise an
inference that he does not intend that the person taking or holding the
property should have the beneficial interest in the property; is founded
on the presumed intention of the parties; OR
b. A constructive trust – which is imposed where a person holding title to
property is subject to an equitable duty to convey it to another on the
ground that he would be unjustly enriched if he were permitted to retain
it; the duty to convey the property arises because it was acquired
through fraud, duress, undue influence, mistake, or through breach of a
fiduciary duty, or through the wrongful disposition of another’s property.
EXPRESS TRUSTS
REQUISITES
There must be:
1. A competent trustor and trustee,
2. An ascertainable trust res, and
3. Sufficiently certain beneficiaries
Therefore:
1. The requirement that the express trust be written is only for enforceability, not
for validity between the parties; hence, Article 1443 may, by analogy, be
included under the Statute of Frauds;
2. By implication, for a trust over personal property, and oral agreement is valid
and enforceable between the parties;
3. Regarding third persons, the trust must be in public instrument registered in the
Registry of Property if it concerns real property.
CREATION
1. By conveyance to the trustee by an act inter vivos or mortis causa
2. By admission of the trustee that he holds the property only as a trustee
There must be a clear intent to create a trust. Thus, no particular or technical words
are required.
CAPACITY
1. The trustor must be capacitated to convey property
2. The trustee must be capacitated to hold property and to enter into contract
3. The beneficiary must be capacitated to receive gratuitously from the trustor
TERMINATION
1. Mutual agreement of all the parties
2. Expiration of the term
3. Fulfillment of the resolutory condition
4. Rescission or annulment
5. Physical loss or legal impossibility of the subject matter of the trust
6. Order of the court
7. Merger
8. Accomplishment of the purpose of the trust
EFFECT OF LACHES
Cestui que trust is entitled to rely upon the fidelity of the trustee. Laches
applies from the trustee openly denies or repudiates the trust and the beneficiary is
notified thereof, or is otherwise plainly put on guard against the trustee. On the other
hand, when it does not appear when the trustee repudiated existence of the fiduciary
relation, the same shall be taken to have been made only upon the filing of his answer
to the complaint.
IMPLIED TRUST
CONCEPT
Implied trusts are those which, without being expressed, are deducible from the nature
of the transactions as matter of intent, or which are super induced on the transaction by
operation of law, is matters of equity, independently of the particular intention of the
parties. The doctrine of implied trusts is founded upon equity. As such, trust can never
result from acts violative of the law.
KINDS
1. Resulting trust – a trust whish is raised or created by the act or construction of law,
or in its more restricted sense, it is raised by implication of law and presumed
always to have been contemplated by the parties, the intention as to which is to be
found in the nature of their transaction, but not expressed in the deed or instrument
of conveyance.
Examples are those found in Articles 1448 to 1455 of the NCC
2. Constructive trust – a trust raised by construction of law; in a more restricted sense
and as contra-distinguished from a resulting trust, it is a trust not created by words,
expressly or impliedly evincing a direct intention to create a trust by the construction
of equity in order to satisfy the demands of justice; it does not arise by agreement
or intention but by operation of law
EFFECT OF LACHES
Implied trust may be barred not only by prescription but also by laches. Laches
constitutes a defense to a suit to declare and enforce an implied trust, and for the
purpose of the rule, express repudiation is not required, unless the trustee fraudulently
and successfully conceals the facts giving rise to the trust.
Inasmuch as the trustee in an implied trust does not recognize any trust and has
no intent to hold for the beneficiary, the latter is not justified in delaying the action to
recover his property. It is his fault if he delays. The doctrine of laches, however, is less
strictly applied between near relatives than when the parties are strangers to each
other.
EXCEPTIONS
1. No trust is implied if the person to whom the legal estate is conveyed is a
legitimate or illegitimate child of the payor. The reason is there is a presumption
that a gift or donation was intended in favor of the child.
2. When an actual contrary intention is proved.