This is decided based on the charitable intention of the settlor, something determined on the facts of each individual case.
32.
"Evidential uncertainty " arises where the testator or settlor, in making the condition, has expressed himself clearly enough.
33.
The needs of the settlor, their family circumstances and tax or other relevant law should dictate the type of trust used.
34.
.. . when the settlor or the persons charged with the trust s administration make a decision, it is conclusive.
35.
The fact that is being proved by the presumption of a resulting trust is the intention to create a trust for the settlor.
36.
The creator of a trust is often called the " trustor, " " grantor, " or " settlor " of the trust.
37.
However, a number of offshore jurisdictions have modified their laws to make their jurisdictions more attractive to settlors forming offshore structures as trusts.
38.
A trust can be intentionally created during the settlor's life ( " inter Vivos " ) by declaration or transfer.
39.
Trusts are usually created by a settlor, who gives assets to one or more trustees who undertake to use the assets for beneficiaries.
40.
When this occurs, the property is held on resulting trust for the settlor, as in " Vandervell v IRC ".
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