The Law of Trust - Page 360

CHAPTER III

The Revocation of an Express Trust Declared

Sec. 78.

  1. Whether a trust can be revoked depends upon how the trust is created.

(i) If the trust is created by a will then it can be revoked by the testator at his pleasure. This is because will does not take effect till death. There is can be revoked before it takes effect.

  1. If the trust is created otherwise than be a will—i.e., by a non-testamentary instrument or by word of mouth then it can be revoked in the following circumstances only—

(i) If the power of revocation is expressly reserved to the author of the trust.

(ii) If the beneficiaries consent, provided all of them are competent to contract

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