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you are here: > Canonum De Ius Positivum
> Article 84
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III. Rights |
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| 3.2 Rights Administration | ||
| Article 84-Trust | ||
| Canon 1900 | ||
| A Trust is a fictional Form of Relations and Agreement whereby certain Form, Rights and Obligations are lawfully conveyed to the control of one or more Persons as Executors and their Trustees for the benefit of one or more other Persons. | ||
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| Canon 1901 | ||
| All valid Trusts possess the following characteristics known as the Standard Characteristics of Trust: | ||
| (i) A Trust Instrument, also known as a Trust Deed identifying the essential Form of the Trust, the Property to be conveyed to create the Trust and how the Trust shall be administered by the Executor and any Trustees; and | ||
| (ii) An Owner of the Property or authorized Person having permission to create the Trust Instrument and convey the Form and Property into the Trust; and | ||
| (iii) A collection of Property within the Trust defined as the Trust Corpus, also Trust Body or Body Corporate; and | ||
| (iv) At least one Executor of the Trust possessing the highest fiduciary authority and function over the Trust, either appointed by the Owner of the Property conveyed into the Trust, or by the laws of appointment of Executor if a Cestui Que Vie Trust or the Beneficiary of the Trust if the beneficiary is also the Grantor; and | ||
| (v) At least one Administrator of the Trust under Administrative Law, or Trustee under Fiduciary Law, who is neither the Owner nor authorized Person who conveyed the property into the Trust, appointed by and responsible to the Executor in accordance with the Trust Instrument who is then responsible for the administration of the assets of the Trust being the Trust Corpus also being the collection of Property; and | ||
| (vi) A Separate and unique set of Accounts held by the Trustee(s), also known as a separate fund, for the recording of all administrative transactions and duties; and | ||
| (vii) The formalization of the rights of Property conveyed into the Trust into a Legal Title held by the Trustees and one or more Equitable Title(s) permitting one or more beneficiaries lawful use of property of the Trust, consistent with the Trust Instrument; and | ||
| (viii) One or more beneficiaries. | ||
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| Canon 1902 | ||
| A Trust that is deficient in possessing one or more of the Standard Characteristics of Trust cannot be regarded as a valid Trust. | ||
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| Canon 1903 | ||
| The flesh, person or persons that administer a Trust are called the Executors or Trustee(s) or Administrator(s) for the benefit of one or more beneficiaries: | ||
| (i) The role of Executors is equivalent to the function of Directors of a corporation, holding legal title to the trust property and by the original intent and design of all trusts effectively assume the former powers and rights of the Owner of the Realty or Property conveyed into Trust without being called the Owner. The trustees then owe a fiduciary duty to the beneficiaries, who are the "beneficial" owners of the trust property; and | ||
| (ii) The role of Trustees or Administrators are equivalent to the function of Employees of a corporation, who are appointed by the Executor. The primary obligations of the Trustee as a "servant" of the trust is to follow the instructions of the Executor in accordance with the Trust Deed. If appointed as an "agent", then the person is usually granted a form of limited liability or full immmunity. When an employee of a government department a trustee is known as a "public servant"; and | ||
| (iii) The role of the Beneficiaries is equivalent to the function of Shareholders of a corporation, who have the ultimate authority in appointing the Directors (Executors) and receiving the benefits of the Trust. | ||
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| Canon 1904 | ||
| There can never be less than two parties involved in the valid creation and administration of a Trust: | ||
| (i) The sole Beneficiary can also be the Executor and vice versa; and | ||
| (ii) A person cannot be both the Trustee/Administrator and Beneficiary, nor can the same person be both Executor and Trustee; and | ||
| (iii) No valid Trust may exist where the legal Title and beneficial interest are both in the same person. | ||
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| Canon 1905 | ||
| As a custom, the traditional term used to define the owner who conveys property and rights into trust is an indication of the limits of their original rights. A Settlor has limited rights not exceeding their duties of conveyor, whereas a Grantor or Owner typically possesses more rights. | ||
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| Canon 1906 | ||
| When an Owner of a Form consents to convey a form into a Trust, some or all of their limited rights of ownership are conveyed to the Executor and their Trustees of the new trust. Therefore, the rights administered by the Executor and their Trustees cannot exceed the original rights conveyed by the Owner. | ||
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| Canon 1907 | ||
| When a valid Trust is formed through the Form of a document, this is called the Trust Instrument, also known as Trust Deed and Deed of Trust. When the Trust is a Testamentary Trust for the management of an Estate, the Trust Instrument is also known as a Deed and Will or simply a Will. | ||
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| Canon 1908 | ||
| The proper structure of Trust Instrument is dependent upon the type of valid Trust as defined by these canons. A Trust Instrument for a type of Trust that fails to confirm to these canons is not a valid Instrument and any such Trust is automatically null and void with any property conveyed returned to its original owner(s). | ||
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| Canon 1909 | ||
| The termination of a Trust is dependent upon its type, the terms of its Deed and the competence and relationship of the parties seeking its dissolution in accordance with these canons. Any act of termination of a Trust which is inconsistent with these canons automatically has no legal basis, nor validity. | ||
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| Canon 1910 | ||
| A Trust is created by act of a party or by an act permitted by valid statute of law in accordance with these canons. There are only three (3) possible forms of Trust as determined by the presumptions and terms of creation by its Trust Instrument: Divine, Living or Deceased. | ||
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| Canon 1911 | ||
| The highest form of Trust is a Divine Trust also involving the highest form of rights of ownership. A Divine Trust is purely spiritual and divinely supernatural formed in accordance with the sacred Covenant Pactum De Singularis Caelum by the Divine Creator into which the form of Divine Spirit, Energy and Rights are conveyed. Therefore, a Divine Trust is the only possible type of Trust that can hold actual Form, rather than just the Rights of Use of Form (Property). | ||
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| Canon 1912 | ||
| A Living Trust, also called an “Inter Vivos” Trust involves the second highest form of rights of ownership. It is distinct from a Divine Trust or a Deceased (Testamentary) Trust that typically exists for the duration of the lifetime of the Person(s) or Juridic Person(s) who are the beneficiaries. There are only four (4) valid forms of Living Trusts: True, Superior, Temporary and Inferior. | ||
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| Canon 1913 | ||
| The second highest form of Trust also involving the second highest form of rights of ownership is a True Trust being the highest form of Living Trust. A True Trust is formed in accordance with the sacred Covenant Pactum De Singularis Caelum and the pre-existence of a Divine Trust in the lawful conveyance from the Divine Trust into the True Trust the Divine Rights of Use known as Divinity, being the highest possible form of any kind of Property. | ||
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| Canon 1914 | ||
| The third highest form of any type of Trust is a Superior Trust being the second highest form of Living Trust formed in accordance with the Covenant Pactum De Singularis Caelum and the pre-existence of a True Trust in the lawful conveyance into the Superior Trust of Property in the form of Realty being the highest form of Rights of Use of Object and Concepts by Divine Right, also known as Divinity. | ||
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| Canon 1915 | ||
| A Temporary Trust is the third highest form of Living Trust involving the temporary conveyance of property from one Superior Trust to another. Excluding Negotiable Instruments, a Temporary Trust is not permitted to exist beyond 120 days. | ||
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| Canon 1916 | ||
| The lowest form of Living Trust possessing the lowest form of rights of ownership is called an Inferior Trust also known as an Inferior Roman Trust, or simply Roman Trust. An Inferior Trust is any Living Trust formed by inferior Roman Law, claims and statutes. | ||
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| Canon 1917 | ||
| A Deceased Trust, also known as a Testamentary Trust, also known as a Deceased Estate and simply a State is the lowest form of Trust and the lowest form of rights of ownership of any possible form of Trust. Deceased Trusts are exclusively an invention of inferior Roman law whereby property is conveyed into a Testamentary Trust upon the death of the testator. Inferior Roman law has a hybrid Deceased Trust called a Cestui Que Vie Trust which uses false and extraordinarily illogical presumptions to create Deceased Estates for the living on the presumption they are “dead”. | ||
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| Canon 1918 | ||
| A person proven to have acted in fraud or breach of their fiduciary duties as Executor or a Trustee automatically ceases to hold the Position from the time of the Fraud or breach. Any liability associated with a fraud or breach of duty of a former Executor or Trustee is automatically personally assumed by the disgraced former Trustee. | ||
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| Canon 1919 | ||
| Any claim that an Inferior Roman Trust possesses superior standing and rights of ownership compared to a Superior Trust, or True Trust is an absurdity against Divine Law, Natural Law and Positive Law and therefore is null and void from the beginning, including any associated covenants, deeds and agreements concerning property rights and lesser trusts. | ||
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