Which term describes a trust created by the expressed intentions of the grantor and evidenced by written documents?

Which term describes a trust created by the expressed intentions of the grantor and evidenced by written documents?

• A. Express Trust
• B. Implied Trust
• C. Resulting Trust
• D. Trust Agreement

Answer: (A)

An express trust is created when the grantor clearly declares the trust and this intent is set out in a written instrument. The essence is the explicit, stated intention to place assets under a trustee’s management for designated beneficiaries, with the terms, duties, and beneficiaries spelled out in writing. This written expression distinguishes it from trusts that arise by implication or by operation of law. An implied or resulting trust is formed without a formal declaration, based on conduct, relationship, or certain circumstances rather than an explicit written declaration. A trust agreement is the document used to establish an express trust, but the term for the type of trust is the express trust itself.

An express trust is created when the grantor clearly declares the trust and this intent is set out in a written instrument. The essence is the explicit, stated intention to place assets under a trustee’s management for designated beneficiaries, with the terms, duties, and beneficiaries spelled out in writing. This written expression distinguishes it from trusts that arise by implication or by operation of law. An implied or resulting trust is formed without a formal declaration, based on conduct, relationship, or certain circumstances rather than an explicit written declaration. A trust agreement is the document used to establish an express trust, but the term for the type of trust is the express trust itself.