Practice question
An instrument clearly establishes property to be held by one person for another's benefit but never uses the technical word 'trust.' Does that omission alone defeat an express trust under Article 1444?
- Yes, a specific formula is indispensable
- No, no particular words are required if a trust is clearly intended
- Yes, unless the trustee writes a dictionary definition
- No, because every property transfer is automatically a trust
- Yes, because a beneficiary cannot be identified
Legal references
- Civil Code Articles 1440–1457: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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