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Simple English definitions for legal terms

Claflin-trust principle

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A quick definition of Claflin-trust principle:

The Claflin-trust principle is a rule that says a trust cannot be ended by the people who benefit from it if ending it would go against what the person who made the trust wanted. This means that even if everyone who benefits from the trust wants it to end, it might not be allowed to end if the person who made the trust had a good reason for making it. This rule is often called "deadhand control" because it means that the wishes of the person who made the trust are more important than the wishes of the people who benefit from it. Some types of trusts that fall under this rule include trusts where the person in charge can decide how to give out the money, trusts that are meant to support someone, and trusts where the person who benefits gets money until they reach a certain age.

A more thorough explanation:

The Claflin-trust principle is a legal doctrine that states that a trust cannot be terminated by the beneficiaries if doing so would go against the settlor's original intentions for creating the trust. This means that even if all the beneficiaries want to end the trust, they cannot do so if it would defeat one of the settlor's material purposes in establishing the trust.

The Claflin rule comes from a court case called Claflin v. Claflin, which was decided in Massachusetts in 1889. This case is often cited as an example of "deadhand control," which means that the wishes of the settlor, who is now deceased, are more important than the needs and desires of the living beneficiaries.

Examples of trusts that fall under the Claflin category include:

  • Spendthrift trusts
  • Support trusts
  • Trusts in which the trustee has discretion to make distributions
  • Trusts in which the beneficiary is entitled to income until a certain age, at which point they will receive the principal

For instance, if a wealthy parent sets up a trust for their child's education and specifies that the trust can only be used for tuition and related expenses, the child cannot terminate the trust if they want to use the money for something else, like buying a car. Even if all the beneficiaries agree to end the trust, they cannot do so if it would go against the settlor's original intentions.

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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