Settlor vs. Grantor, Indenture vs. Declaration: Getting the Terms Right in a Private Express Trust
In a private express trust, the terms “Settlor” and “Grantor” are not interchangeable, even though many estate-planners treat them as synonyms. A settlor conveys property to a separate trustee, which is exactly how an indenture-based trust is built. A grantor keeps their own property under a declaration of trust. The right word tracks the structure,…