If a will devises the residuary estate to 'the trustee of the trust created under this will' but omits naming a trustee, what is the effect?

• A. The trust fails for lack of a trustee.
• B. The residuary passes to heirs.
• C. The will is invalid for ambiguity.
• D. The trust will be created and the court will appoint a trustee.

Answer: (D)

When a will shows an intent to create a trust but does not name a trustee, the trust is still considered created and a court will appoint a trustee to administer it. The language “the trustee of the trust created under this will” signals an intent to hold the residuary for a fiduciary to manage, even if no person is named to serve as trustee. A trustee is necessary to hold and manage trust property, so the absence is filled by judicial appointment of a suitable fiduciary who can carry out the terms of the trust.

This means the residuary estate does not automatically go to the heirs, nor does the will become invalid for ambiguity. The court steps in to implement the settlor’s intent by appointing a trustee to administer the trust.