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But one had to trust instruments over instincts, that was science.
Once created, all questions of administration are governed by the law specified in the trust instrument.
All binding requirements must be contained in the trust instrument itself.
Where a trust instrument runs out or is silent, the law will fill the gaps.
However, the Convention only relates to trusts with a written trust instrument.
"You never sent her a copy of the trust instrument, did you?"
Trust instruments should ideally identify that the money is to be used for "charitable purposes".
When deciding if a gift has failed, attention is first turned to the wording of the trust instrument.
Fundamentally, we have no real access to physical time, except by trusting instruments (like clocks).
"You can't know that without reading the trust instrument.
Many trust instruments allow for emergency disbursement of money.
Most trust instruments will then also have two schedules:
As a general rule, there is no requirement for particular formalities in trust instruments, they can be oral or written.
It would not apply trusts which arise (usually in common law jurisdictions) without a written trust instrument.
Most jurisdictions do not require trust instruments to be publicly filed (in contrast to wills).
Furthermore, the property interest need not be transferred contemporaneously with the signing of the trust instrument.
Also, in some instances, the trust instrument can specify that trustees can be removed.
A trustee has many rights and responsibilities which vary based on the jurisdiction and trust instrument.
If the trust instrument was created prior to 3 August 1961, however, its provisions regarding investments are treated as void.
Letters of wishes are useful where a trust instrument gives the trustees very wide powers and discretions.
In general trustees are under a duty to act jointly and have authority to act individually only if the trust instrument so provides.
For an express trust to be valid, the trust instrument must show certainty of intention, subject matter and object.
This is a default provision, and can be made irrelevant if the trust instrument contains other rules and requirements.
"San Diego gambled on their interpretation of the trust instrument, and the judge has ruled on all accounts," he said.
Otherwise, the trust would be treated as a simple or complex trust, depending on the trust instrument.