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The existence of these obligations are fundamental to a valid trust.

There is no legal or singularly accepted definition of what a trust is.

However, it is widely accepted that in its simplest form a trust is property that is owned by a trustee for the benefit of a beneficiary or beneficiaries.

The trustee is the legal owner of the property subject to the trust.

If you suspect that you are the beneficiary of a trust, you can ask the trustee to confirm this. That is, although the trustee need not tell you that you are a beneficiary, the trustee must acknowledge that you are if questioned.

A trustee who did not confirm that a person was a beneficiary when asked would be in breach of trust and could be liable to the beneficiary for any loss the beneficiary incurred because of the breach.

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