This is because, if the settlor can revoke the terms of the trust, a creditor can simply obtain a court order requiring him to do so. |
By will or by deed of trust, a testator or settlor places property in trust to provide for his family after he is deceased. |
Paragraph 91 of the Trust prohibits the settlor from ever participating in the capital of the Trust. |
The domicile and residence of the settlor and the beneficiaries is also relevant. |
Many jurisdictions will look through the trust and tax the settlor or beneficiaries directly. |
The defendant was to be the settlor of the trust, and the plaintiff would be the trustee. |