An honorary trust, under the law of
trusts
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settl ...
, is a device by which a person establishes a trust for which there is neither a
charitable purpose, nor a private
beneficiary
A beneficiary (also, in trust law, '' cestui que use'') in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example, the beneficiary of a life insurance policy is the person ...
to enforce the trust. While such a trust would normally be
void
Void may refer to:
Science, engineering, and technology
* Void (astronomy), the spaces between galaxy filaments that contain no galaxies
* Void (composites), a pore that remains unoccupied in a composite material
* Void, synonym for vacuum, a ...
for lack of a beneficiary, many jurisdictions have carved out two specific exceptions to this rule: trusts for the care of that person's
pet
A pet, or companion animal, is an animal kept primarily for a person's company or entertainment rather than as a working animal, livestock, or a laboratory animal. Popular pets are often considered to have attractive appearances, intelligence ...
s; and trusts to provide for the maintenance of
cemetery
A cemetery, burial ground, gravesite or graveyard is a place where the remains of dead people are buried or otherwise interred. The word ''cemetery'' (from Greek , "sleeping place") implies that the land is specifically designated as a buri ...
plots.
The name of the device derives from the lack of any beneficiary legally capable of enforcing an honorary trust: the
trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to t ...
is bound by
honor
Honour (British English) or honor (American English; see spelling differences) is the idea of a bond between an individual and a society as a quality of a person that is both of social teaching and of personal ethos, that manifests itself as a ...
, but not by law, to carry out the wishes of the creator of the trust.
Like many states,
New York has only recently allowed such trusts by
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
.
See also
*
Purpose trust
A purpose trust is a type of trust which has no beneficiaries, but instead exists for advancing some non- charitable purpose of some kind. In most jurisdictions, such trusts are not enforceable outside of certain limited and anomalous exception ...
Wills and trusts
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