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Legal Definitions - defective trust

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Definition of defective trust

A defective trust is a type of trust that has some flaw or error in its creation or administration. This can include mistakes in the language used to create the trust, or errors in the way the trust is managed or distributed.

For example, if a trust is created with unclear or ambiguous language, it may be considered defective. Similarly, if a trustee fails to properly manage the trust assets or distribute them according to the terms of the trust, this could also be considered a defect.

Another example of a defective trust might be one that violates certain legal requirements, such as those related to taxation or fiduciary duties.

Overall, a defective trust is one that does not function as intended due to some sort of error or flaw in its creation or administration.

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Simple Definition

A defective trust is a type of trust that has some errors or mistakes in its creation or administration. This can include things like missing signatures or incorrect wording. It is different from a substantive defect, which would affect the actual terms and provisions of the trust.

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