A trust created by operation of law or by judicial construction to be distinguished from an express trust which is created by express language, oral or in writing.

A trust created by operation of law or by judicial construction to be distinguished from an express trust which is created by express language, oral or in writing.

• A. Express
• B. Abatement
• C. Implied
• D. Testamentary

Answer: (C)

The key idea is how trusts come into existence. A trust that is created by operation of law or by judicial construction is an implied trust, meaning it’s imposed by the court or by equity based on the relationship or circumstances, not by the settlor’s explicit words. Express trusts rely on clear language, spoken or written, to declare the trust. A will can set up a testamentary trust, which is still an express form because it’s based on the will’s terms. Abatement is about distributing assets when funds are insufficient and isn’t about how a trust is created. So the best choice is implied trust.

The key idea is how trusts come into existence. A trust that is created by operation of law or by judicial construction is an implied trust, meaning it’s imposed by the court or by equity based on the relationship or circumstances, not by the settlor’s explicit words. Express trusts rely on clear language, spoken or written, to declare the trust. A will can set up a testamentary trust, which is still an express form because it’s based on the will’s terms. Abatement is about distributing assets when funds are insufficient and isn’t about how a trust is created. So the best choice is implied trust.