Which of the following is an express trust type?

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Multiple Choice

Which of the following is an express trust type?

Explanation:
An express trust is created by an explicit intention to create a trust, usually shown in a written trust instrument or clear testamentary language. The term itself denotes a trust formed by the settlor’s express declaration, with identifiable beneficiaries and a trustee who holds the property for them. That direct, express creation is what the question is testing. The other options describe arrangements that aren’t formed by an express declaration in a trust instrument. A Totten trust arises when someone puts funds in a bank account naming a beneficiary; there’s no separate trust instrument, and it’s often treated as a bank-account designation rather than a formal express trust. A pour-over trust is a device where assets are directed by a will to pour into an existing trust, creating a testamentary trust; while it involves a trust, it’s defined by its method (a will directing the trust) rather than by the broad category of express trusts. An honorary trust is typically for a non-beneficiary purpose (like a pet or a grave marker) and is generally not enforceable as a true trust.

An express trust is created by an explicit intention to create a trust, usually shown in a written trust instrument or clear testamentary language. The term itself denotes a trust formed by the settlor’s express declaration, with identifiable beneficiaries and a trustee who holds the property for them. That direct, express creation is what the question is testing.

The other options describe arrangements that aren’t formed by an express declaration in a trust instrument. A Totten trust arises when someone puts funds in a bank account naming a beneficiary; there’s no separate trust instrument, and it’s often treated as a bank-account designation rather than a formal express trust. A pour-over trust is a device where assets are directed by a will to pour into an existing trust, creating a testamentary trust; while it involves a trust, it’s defined by its method (a will directing the trust) rather than by the broad category of express trusts. An honorary trust is typically for a non-beneficiary purpose (like a pet or a grave marker) and is generally not enforceable as a true trust.

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