2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.2103 - STATUTE OF FRAUDS.

        633A.2103  STATUTE OF FRAUDS.
         1.  A trust is enforceable when evidenced by either of the
      following:
         a.  A written instrument signed by the trustee, or by the
      trustee's agent if authorized in writing.
         b.  A written instrument conveying the trust property signed
      by the settlor, or by the settlor's agent if authorized in writing.
         2.  If an owner of property declares that property is held upon a
      trust, the written instrument evidencing the trust must be signed by
      the settlor according to one of the following:
         a.  Before or at the time of the declaration.
         b.  After the time of the declaration but before the settlor
      has transferred the property.
         3.  If an owner of property while living transfers property to
      another person to hold upon a trust, the written instrument
      evidencing the trust must be signed according to one of the
      following:
         a.  By the settlor, concurrently with or before the transfer.

         b.  By the trustee, concurrently with or before the transfer,
      or after the transfer but before the trustee has transferred the
      property to a third person.
         4.  Oral trusts that have not been reduced to writing as specified
      in this section are not enforceable.  This section does not affect
      the power of a court to declare a resulting or constructive trust in
      the appropriate case or to order other relief where appropriate.  

         99 Acts, ch 125, §10, 109
         C2001, §633.2103
         2003 Acts, ch 95, §10, 11; 2005 Acts, ch 38, §54
         CS2005, §633A.2103