• Trust deed for Rotary Club

We are preparing a Trust Deed for a New Rotary Club. It is proposed that an advocate who is s member of another Rotary Club to be a SETLLOR of the Trust Deed.

Does the settlor have any rights on the property of the Trust even if when he NOT a member of the proposed Trust.?

Is there any conflict of interest in such cases?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

Settlor does not have right on property of trust 

The settlor is the person responsible for setting up the trust and naming the beneficiaries, the trustees

 

2) the settler determines the substance and direction of the trust, including any parties associated with the trust, such as the trustee and the beneficiaries, and any property to be held in the trust.

 

Ajay Sethi
Advocate, Mumbai
97793 Answers
7923 Consultations

Dear Client,

A settlor cannot have any right to property of the Trust even if he is not a member of the proposed Trust. He would be working as a professional in order to name the beneficiaries and the relevant trustees and appointer, if any, of the Rotary Club.

The settlor shall be working as per the instructions of the Rotary Club and hence, there would be no questions on the conflict of interest.

Thank you.

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

If he does there may be objections for vested interest. Keep that in mind and proceed

Prashant Nayak
Advocate, Mumbai
33081 Answers
215 Consultations

a settlor is a person who gives his property in trust for a certain object

once the property is given to the trust, the settlor ceases to have any right in that property

he need not be a trustee or member of the proposed trust

Yusuf Rampurawala
Advocate, Mumbai
7781 Answers
79 Consultations

-  In a trust deed, the Settlor is only the creator of the trust who establishes it

- Further, the settlor transfers the property to the trust, which is then handled and administered by the trustee, or administrator.

- Further , when the property is transfer to the trust , then the settler have no right in the property. 

Mohammed Shahzad
Advocate, Delhi
14885 Answers
225 Consultations

A settlor is a person who creates the trust for some charitable or religious or hospitality & rehabilitation purposes. Whereas the trustees are the people who manage the trust. The settlor generally appoints the trustees who can effectively run and work according to the objects of the trust

The settlor is the person responsible for setting up the trust and naming the beneficiaries, the trustee and, if there is one, the appointor. For tax reasons, the settlor should not be a beneficiary under the trust.

A settlor is a person or company that creates the trust. There can be more than one settlor of a trust. The trustees are the people who manage the trust.

T Kalaiselvan
Advocate, Vellore
87995 Answers
2370 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer