Active Trust Law and Legal Definition

Active trust is a trust in which the trustee has some affirmative duty of management or administration besides the obligation to transfer the property to the beneficiary.

An active trust maintains the legal estate in the trustee, to enable him to perform the duties devolved on him by the donor, and gives the cestui que trust only a right in equity to enforce the performance of the trust.

In an active trust duties are to be performed by the trustee with reference to the administration of the trust property, and in which the primary use of the property is to be expressly or impliedly, by reason of such active duty, vested in the trustee.

An active trust is also termed as special trust.