Before getting to the real reason for this post, let us be clear that your
trust does not exist.
By that I mean simply that your trust is not a legally distinct entity
like an LLC or a limited partnership is an entity. Your trust is a relationship and your trustee
holds property "in trust" (rather than "in a trust"). The trust relationship is
in fact governed and defined (in that sense of "existence") by the trust agreement,
statute, and centuries of case law.
As a body, the Nevada Revised Statutes are clear
that the trust relationship is embodied in a trustee. The exceptions that prove the rule, such as
registered "business trusts" under NRS 88A—which treats this special type of
formally-registered trust arrangement almost as if it were an entity because of its
registration—emphasize that the focus of trust relationships must always be on the
legally-recognizable persons such as the trustee, the trusters, and the beneficiaries.
explains why the technicalities of granting language matter: legally-recognizable transfers are made
between legally-recognizable persons. Which brings us to:
Granting language is correct when it recognizes who the legal grantee
. . . to John Galt and his successors, as Trustees of the
Taggart Family Trust, under agreement dated June 3, 1927.
Then when the trustee is the
grantor, the mention of future trustees becomes superfluous:
Trustee of the Taggart Family Trust, under agreement dated June 3, 1927, grants
to . . .
Future trustees are now omitted because, when the current trustee is
empowered to transfer property, then that trustee acts without any hypothetical future action of
Note also that the trust agreement date is used in documents as well as in
all but the least formal discussions. Except for certain special trusts such as NRS 88A business
trusts alluded to above, there are no required filings or registrations of trusts—there may be
hundreds of similarly-named trusts and no one obtains a right to preclude others from using the same
name. This means that minimum specification of the date of the trust agreement and the trustee
becomes fundamental to carrying out the intent of the instrument.
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