Knowledgable advocates, your response to this topic will be very helpful to me.
A person in his deed of Will and testament in India has stated as follows:
"........This Will and Testament witnesseth that in consideration of my properties I hereby appoint ....to constitute to form the Board of Trustees........and I hereby affirm that immediately upon my death my properties will stand conveyed, granted and transferred to the said Board of Trustees..........."
This Will itself was then signed by all members of this Board of Trustees at the very bottom as a "Token of Acceptance" (besides other signatures of witnesses etc) . Pertinent to say here that all the members of this Board of Trustees are the testators five sons and daughters, who are also the ultimate beneficiaries as well.
My questions are:
1. Is this a Testamentary Trust? OR, Is this a pour-over Will with a Trust concurrently executed with the Will? i.e. Has the Trust been already formed as the Will was executed or it will only be formed after probate?
2. Does this kind of Trust need to be registered?
P.S. The Will itself was not registered but it followed all standard practices required of a Will.