When the purpose of an express trust ends, the trustee's estate ends with it and title to any real property the trust held vests automatically in the remaindermen.[1] No deed, no formal conveyance, no further act by the trustee is required.
This is most clearly established where the trust's asset is to be divided in fixed, equal shares among an ascertainable class of beneficiaries.[2]
It's an open question whether the same automatic-vesting logic applies where the trustee must first perform some administrative act β satisfying a pecuniary bequest, computing unequal shares, paying debts from the property β before dividing what remains.
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Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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