2007 California Probate Code Chapter 1. Creation And Validity Of Trusts

CA Codes (prob:15200-15212)

15200.  Subject to other provisions of this chapter, a trust may be
created by any of the following methods:
   (a) A declaration by the owner of property that the owner holds
the property as trustee.
   (b) A transfer of property by the owner during the owner's
lifetime to another person as trustee.
   (c) A transfer of property by the owner, by will or by other
instrument taking effect upon the death of the owner, to another
person as trustee.
   (d) An exercise of a power of appointment to another person as
trustee.
   (e) An enforceable promise to create a trust.



15201.  A trust is created only if the settlor properly manifests an
intention to create a trust.



15202.  A trust is created only if there is trust property.



15203.  A trust may be created for any purpose that is not illegal
or against  public policy.



15204.  A trust created for an indefinite or general purpose is not
invalid for that reason if it can be determined with reasonable
certainty that a particular use of the trust property comes within
that purpose.


15205.  (a) A trust, other than a charitable trust, is created only
if there is a beneficiary.
   (b) The requirement of subdivision (a) is satisfied if the trust
instrument provides for either of the following:
   (1) A beneficiary or class of beneficiaries that is ascertainable
with reasonable certainty or that is sufficiently described so it can
be determined that some person meets the description or is within
the class.
   (2) A grant of a power to the trustee or some other person to
select the beneficiaries based on a standard or in the discretion of
the trustee or other person.



15206.  A trust in relation to real property is not valid unless
evidenced by one of the following methods:
   (a) By a written instrument signed by the trustee, or by the
trustee's agent if authorized in writing to do so.
   (b) By a written instrument conveying the trust property signed by
the settlor, or by the settlor's agent if authorized in writing to
do so.
   (c) By operation of law.



15207.  (a) The existence and terms of an oral trust of personal
property may be established only by clear and convincing evidence.
   (b) The oral declaration of the settlor, standing alone, is not
sufficient evidence of the creation of a trust of personal property.

   (c) In the case of an oral trust, a reference in this division or
elsewhere to a trust instrument or declaration means the terms of the
trust as established pursuant to subdivision (a).



15208.  Consideration is not required to create a trust, but a
promise to create a trust in the future is enforceable only if the
requirements for an enforceable contract are satisfied.



15209.  If a trust provides for one or more successor beneficiaries
after the death of the settlor, the trust is not invalid, merged, or
terminated in either  of the following circumstances:
   (a) Where there is one settlor who is the sole trustee and the
sole beneficiary during the settlor's lifetime.
   (b) Where there are two or more settlors, one or more of whom are
trustees, and the beneficial interest in the trust is in one or more
of the settlors during the lifetime of the settlors.



15210.  A trust created pursuant to this chapter which relates to
real property may be recorded in the office of the county recorder in
the county where all or a portion of the real property is located.



15211.  A trust for a noncharitable corporation or unincorporated
society or for a lawful noncharitable purpose may be performed by the
trustee for only 21 years, whether or not there is a beneficiary who
can seek enforcement or termination of the trust and whether or not
the terms of the trust contemplate a longer duration.




15212.  A trust for the care of a designated domestic or pet animal
may be performed by the trustee for the life of the animal, whether
or not there is a beneficiary who can seek enforcement or termination
of the trust and whether or not the terms of the trust contemplate a
longer duration.