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Question: Harley set up a trust, naming himself


Harley set up a trust, naming himself as trustee, and transferred his entire estate to the trust. The trust was intended to provide him with a lifetime income. After his death, the income from the trust was to be paid to his wife. After her death, the income from the trust was to go to three of their four children, after which the trust would be terminated. The trust specifically stated that one child, Nancy, was not named in the trust because other arrangements had been made for her. When the trust began paying to the three children, but not Nancy, she challenged the validity of the trust, claiming that the trust was a testamentary trust that did not comply with the state statute on wills.
a. Was this a testamentary trust?
b. Was this an inter vivos trust?
c. Will Nancy succeed in overturning the trust?

1.99

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