Barbri Trusts 2025/2026 Exam Questions
and Corresponding Answers with Surety
1
of 100% Pass Mark
A Trust is . . . - 🧠 ANSWER ✔✔A conveying relationship
Settlor - 🧠 ANSWER ✔✔Creator of the trust. Can also be called Grantor,
Donor, Trustor
Trustee - 🧠 ANSWER ✔✔A trustee holds legal title to specific property
under a fiduciary duty to manage, invest, safeguard, and administer the
trust assets and income for the benefit of designated beneficiaries.
What are the basic classifications of Trusts? (2) - 🧠 ANSWER ✔✔(1)
Express Trusts
(2) Operation of Law Trusts
What are the kinds of Express Trusts? (3) - 🧠 ANSWER ✔✔1. Private
(traditional)
2. Charitable (any trust that confers substantial benefit on society)
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,3. Honorary (no ascertainable beneficiary, confers no benefit, but meets
Settlor's goal.)
2
What are the types of Operation of Law Trusts? - 🧠 ANSWER ✔✔1.
Purchase Money Resulting Trust
2. Resulting Trust from Failed Express Trust
3. Constructive Trust (equitable remedy)
How do you create an Inter Vivos Trust? - 🧠 ANSWER ✔✔A living trust is
created in two steps.
1. Declaration of trust (Settlor and Trustee can be the same person.)
2. Transfer/Conveyance of Trust (Settlor transfers legal title to Trustee, and
may convey or retain equitable title. (transfer occurs even if Settlor and
Trustee same person))
How do you create a Testamentary Trust? - 🧠 ANSWER ✔✔A testamentary
trust is created by a Settlor's Will
The validity of the Will must first be established.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
, What are the 5 elements for a Valid Trust? - 🧠 ANSWER ✔✔Igor Illy Ate
Parmesan Melts
3
1. Intent
2. Identifiable Corpus (property)
3. Ascertainable Beneficiaries (identifiable)
4. Proper Purpose (public policy)
5. Mechanics/ Formality
Intent? - 🧠 ANSWER ✔✔Present intent to split legal and equitable title AND
to impose legal duty on Trustee (more than mere moral duty).
If there are no assets when the trust instrument is executed, a trust arises
in the future only if, when the assets come into existence, the settlor
manifests anew an intention to create the trust.
Identifiable Corpus? - 🧠 ANSWER ✔✔Property the Settlor owns, including
tangible and intangible property. You cannot transfer property you don't yet
own.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
and Corresponding Answers with Surety
1
of 100% Pass Mark
A Trust is . . . - 🧠 ANSWER ✔✔A conveying relationship
Settlor - 🧠 ANSWER ✔✔Creator of the trust. Can also be called Grantor,
Donor, Trustor
Trustee - 🧠 ANSWER ✔✔A trustee holds legal title to specific property
under a fiduciary duty to manage, invest, safeguard, and administer the
trust assets and income for the benefit of designated beneficiaries.
What are the basic classifications of Trusts? (2) - 🧠 ANSWER ✔✔(1)
Express Trusts
(2) Operation of Law Trusts
What are the kinds of Express Trusts? (3) - 🧠 ANSWER ✔✔1. Private
(traditional)
2. Charitable (any trust that confers substantial benefit on society)
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
,3. Honorary (no ascertainable beneficiary, confers no benefit, but meets
Settlor's goal.)
2
What are the types of Operation of Law Trusts? - 🧠 ANSWER ✔✔1.
Purchase Money Resulting Trust
2. Resulting Trust from Failed Express Trust
3. Constructive Trust (equitable remedy)
How do you create an Inter Vivos Trust? - 🧠 ANSWER ✔✔A living trust is
created in two steps.
1. Declaration of trust (Settlor and Trustee can be the same person.)
2. Transfer/Conveyance of Trust (Settlor transfers legal title to Trustee, and
may convey or retain equitable title. (transfer occurs even if Settlor and
Trustee same person))
How do you create a Testamentary Trust? - 🧠 ANSWER ✔✔A testamentary
trust is created by a Settlor's Will
The validity of the Will must first be established.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
, What are the 5 elements for a Valid Trust? - 🧠 ANSWER ✔✔Igor Illy Ate
Parmesan Melts
3
1. Intent
2. Identifiable Corpus (property)
3. Ascertainable Beneficiaries (identifiable)
4. Proper Purpose (public policy)
5. Mechanics/ Formality
Intent? - 🧠 ANSWER ✔✔Present intent to split legal and equitable title AND
to impose legal duty on Trustee (more than mere moral duty).
If there are no assets when the trust instrument is executed, a trust arises
in the future only if, when the assets come into existence, the settlor
manifests anew an intention to create the trust.
Identifiable Corpus? - 🧠 ANSWER ✔✔Property the Settlor owns, including
tangible and intangible property. You cannot transfer property you don't yet
own.
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
