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Donor

The person who donates property to the benefit of another, usually through the legal mechanism of a trust.

The term encompasses both the settlor of a testamentary trust (the testator) and the settlor of an express trust, (just as, for example, the term personal representative encompasses both the executor or the Court-appointed administrator of an estate).

Thus, the person who creates a trust within a will is, in law, all of a testator, a settlor and a donor.

The term is also used to describe the person who signs a power of attorney, and thereby gives his/her authority and powers to another, instead of the synonymous term, in that context, of principal.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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