Pactum De Singularis Caelum
Covenant of One Heaven
Article 19 - Trusts and Estates
A Trust is a fictional Form of Relationship and Agreement whereby certain Form, Rights and Obligations are lawfully conveyed to the control of one or more Persons as administrators for the benefit of one or more other Persons.
All valid Trusts possess the following characteristics known as the Standard Characteristics of Trust:
(i) A Trust Instrument, also known as a Trust Deed identifying the essential Form of the Trust, the Property to be conveyed to create the Trust and how the Trust shall be administered; and
(ii) An Owner of the Property or authorized Person having permission to create the Trust Instrument and convey the Form and Property into the Trust; and
(iii) A collection of Property within the Trust defined as the Trust Corpus, also Trust Body or Body Corporate; and
(iv) At least one Executor of the Trust possessing the highest administrative authority and function over the Trust, either appointed by the Owner of the Property conveyed into the Trust, or by a Executor By the Tenor (Exsecutor Ab Episcopo Constitutus) if a Cestui Que Vie Trust or the Beneficiary of the Trust if the beneficiary is also the Grantor; and
(v) At least one Administrator of the Trust, also known as the Trustee, who is neither the Owner nor authorized Person who conveyed the property into the Trust, appointed by and responsible to the Executor in accordance with the Trust Instrument who is then responsible for the administration of the assets of the Trust being the Trust Corpus also being the collection of Property; and
(vi) A Separate and unique set of Accounts held by the Trustee(s), also known as a separate fund, for the recording of all administrative transactions and duties; and
(vii) The formalization of the rights of Property conveyed into the Trust into a Legal Title held by the Trustees and one or more Equitable Title(s) permitting one or more beneficiaries lawful use of property of the Trust, consistent with the Trust Instrument; and
(viii) One or more beneficiaries.
A Trust that is deficient in possessing one or more of the Standard Characteristics of Trust cannot be regarded as a valid Trust.
There are only three (3) possible forms of Trust as determined by the presumptions and terms of creation by its Trust Instrument: Divine, Living or Deceased.
The highest form of Trust is a Divine Trust also involving the highest form of rights of ownership. A Divine Trust is purely spiritual and divinely supernatural formed in accordance with the sacred Covenant Pactum De Singularis Caelum by the Divine Creator into which the form of Divine Spirit, Energy and Rights are conveyed. Therefore, a Divine Trust is the only possible type of Trust that can hold actual Form, rather than just the Rights of Use of Form (Property).
A Living Trust, also called an â€œInter Vivosâ€ Trust involves the second highest form of rights of ownership. It is distinct from a Divine Trust or a Deceased (Testamentary) Trust that typically exists for the duration of the lifetime of the Person(s) or Juridic Person(s) who are the beneficiaries. There are only four (4) valid forms of Living Trusts: True, Superior, Temporary and Inferior.
The second highest form of Trust also involving the second highest form of rights of ownership is a True Trust being the highest form of Living Trust. A True Trust is formed in accordance with the sacred Covenant Pactum De Singularis Caelum and the pre-existence of a Divine Trust in the lawful conveyance from the Divine Trust into the True Trust the Divine Rights of Use known as Divinity, being the highest possible form of any kind of Property.
The third highest form of any type of Trust is a Superior Trust being the second highest form of Living Trust formed in accordance with the Covenant Pactum De Singularis Caelum and the pre-existence of a True Trust in the lawful conveyance into the Superior Trust of Property in the form of Realty being the highest form of Rights of Use of Object and Concepts by Divine Right, also known as Divinity.
A Temporary Trust is the third highest form of Living Trust involving the temporary conveyance of property from one Superior Trust to another. Excluding Negotiable Instruments, a Temporary Trust is not permitted to exist beyond 120 days.
The lowest form of Living Trust possessing the lowest form of rights of ownership is called an Inferior Trust also known as an Inferior Roman Trust, or simply Roman Trust. An Inferior Trust is any Living Trust formed by inferior Roman Law, claims and statutes.
A Deceased Trust, also known as a Testamentary Trust, also known as a Deceased Estate and simply a State is the lowest form of Trust and the lowest form of rights of ownership of any possible form of Trust. Deceased Trusts are exclusively an invention of inferior Roman law whereby property is conveyed into a Testamentary Trust upon the death of the testator. Inferior Roman law has a hybrid Deceased Trust called a Cestui Que Vie Trust which uses false and extraordinarily illogical presumptions to create Deceased Estates for the living on the presumption they are "dead".
Any claim that an Inferior Roman Trust possesses superior standing and rights of ownership compared to a Superior Trust, or True Trust is an absurdity against Divine Law, Natural Law and Positive Law and therefore is null and void from the beginning, including any associated covenants, deeds and agreements concerning property rights and lesser trusts.
Estate is a fictional concept first created during the reign of Henry VIII of England through modifications to Statutes concerning Wills and of Uses (Property) whereby an Implied Testamentary Trust exists determined by time in accordance with the Deed and Will that first formed it. Hence, an Estate is the collective assets and liabilities of one or more deceased persons known as a Testator, endowed to one or more Heirs, with certain Benefits accorded to one or more Beneficiaries and administered by Executors and their Administrators.
An Estate may first come into existence before the original Testators are deceased and the Deed and Will of the Implied Testamentary Trust becomes effective under the Roman rules of Cestui que Use (for the benefit of another). However, all Estates depend upon the prior existence of a Trust or higher Estate from which the original Property is lawfully conveyed.
The granting of Benefits to Beneficiaries is at the discretion of the Executors, also called Executives in accordance with the terms of the Deed and Will of the Estate. A Beneficiary of an Estate may be a Person or if unknown, lost, a minor or abandoned a particular kind of Trust known as Cestui Que (Vie) Trust.
The Property held in a Testamentary Trust is called the Trust Corpus, Body Corporate or Corporation. It is this body or "corporation" that is recognized as a valid legal entity, having legal personality not the Estate itself belonging to the Body Corporate.
Unlike Persons formed through Trust, a Person formed through Estate as a Corporation or Body Corporate is by definition a dead person, possessing no life, no right of argument and totally subject to the execution of the will of the deceased Testator.
Property held in Estates are considered either Real or Personal. Real Estate consists of the first right of use by the Estate in land or freeholds which descend to Heirs and may be subsequently leased to Beneficiaries. Personal Estate consists in chattels or movables which go to Executors and their Administrators who may then lease them to Beneficiaries for use.
As every Estate requires the existence of a Trust prior to its existence, an Estate can never hold Real Property. Real Estate implies merely first right of use within the constraints of the Estate, whereas Real Property implies the first right of use of a physical object or concept above all other claims.
While a Public Trustee within the Roman System may be granted from time to time the position of Executor of a Trust belonging to the Estate of a Legal Person, by the very definition of Estate no agent, principal, trustee or entity may presume to claim the role of General Executor of the Estate of the Legal Person except the flesh, mind and spirit of the being for whom the Estate was first created.
When a man or woman acts as a trustee of one or more Trusts associated with the Estate of their Legal Person, the office of General Executor of the Estate is therefore vacant. However, when a man or woman demonstrating competence, wisdom, humility and duty gives public notice of their occupying the office of general executor of the estate of their Legal Person, no other trustee, public servant, agent or entity may usurp their authority concerning the estate.
Any person who seeks to usurp the position of the general executor of the estate and unlawfully claim the office of Executor without permission is known as an Executor De Son Tort and may be charged with fraud.