Also known as: accepting delivery · accepted delivery · accepts delivery · delivery acceptance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A method of accepting a trusteeship. When the trust instrument does not provide a method or does not make any provided method exclusive, a designated trustee accepts the trusteeship by accepting delivery of the trust property, exercising trustee powers, performing trustee duties, or otherwise indicating acceptance.
A method of accepting a trusteeship. When the trust instrument does not provide a method or does not make any provided method exclusive, a designated trustee accepts the trusteeship by accepting delivery of the trust property, exercising trustee powers, performing trustee duties, or otherwise indicating acceptance.
Select any source to read its text and confirm it supports the definition.
Acceptance of a deed containing assumption language by a grantee who is aware of that language at delivery, rendering the grantee personally liable on the secured obligation even without signing the deed.
Select any source to read its text and confirm it supports the definition.
Acceptance of a deed containing assumption language by a grantee who is aware of that language at delivery, rendering the grantee personally liable on the secured obligation even without signing the deed.
Each sense below has its own examples, sources, and questions.
Anika Anand was named trustee of a trust holding several rental houses. After the settlor died, Anika signed new leases with tenants, hired a management company for repairs, and opened a separate account for rent deposits. She later told a beneficiary she had not yet decided whether to serve. Because Anika exercised trustee powers over the trust property, she accepted the trusteeship even without a written acceptance.
No. When the trust instrument does not specify an exclusive method, a designated trustee accepts by conduct such as accepting delivery of trust property or exercising trustee powers. Signing leases, hiring managers, and handling rents all constitute acceptance even without any writing.
Supporting sources
No. Objective conduct controls. Managing trust assets, collecting fees, or directing custodians to rebalance investments shows acceptance regardless of private statements that the designee has not officially agreed to serve.
Supporting sources
The designee may still accept if the required method is not expressly exclusive. Taking delivery of trust property and performing trustee duties such as selling inventory or directing payments constitutes acceptance under the default conduct rule.
Supporting sources
Alexandra Armstrong sold her house to Antonio Alvarado. The deed stated that Antonio agreed to assume the existing mortgage. Antonio accepted delivery of the deed while aware of the assumption language. That acceptance made Antonio personally liable on the mortgage despite never signing the deed.