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      Question

      When can a trust created by will be revoked under the

      Indian Trusts Act, 1882?  
      A When the trustee fails to perform their duties Correct Answer Incorrect Answer
      B At the sole discretion of the beneficiary, even if the trust deed specifies otherwise Correct Answer Incorrect Answer
      C At the pleasure of testator Correct Answer Incorrect Answer
      D If the trust property diminishes in value Correct Answer Incorrect Answer
      E When the beneficiary requests revocation Correct Answer Incorrect Answer

      Solution

      Under Section 78 , a trust created by will may be revoked at the pleasure of the testator.    A trust otherwise created can be revoked only—    (a) where all the beneficiaries are competent to contract—by their consent;    (b) where the trust has been declared by a non-testamentary instrument or by word of mouth—in exercise of a power of revocation expressly reserved to the author of the trust; or    (c) where the trust is for the payment of the debts of the author of the trust, and has not been communicated to the creditors—at the pleasure of the author of the trust.  

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