 Under certain circumstances, a trust must be evidenced by a writing.  Why? Whom does the writing requirement protect?

 1. Written evidence of the trust’s terms which is  2. Signed by the settlor (or settlor’s agent).

 1. Oral trust if all below are true:  Personal property  Trustee is not the settlor  Trustee is not the beneficiary  Settlor expresses trust intent prior to or simultaneously with transfer

 2. Self-declaration if all below are true:  Personal property  Settlor states in writing that settlor holds property in trust, even though the writing does not comply with normal requirements.

 3. Part performance  If alleged trustee acts like a trustee, alleged trustee estopped from denying existence of trust.

 All changes and any revocation must also be in writing, even if trust could have been oral originally.

 1. Alleged trustee  Thus, can carry out a trust even if Statute of Frauds defense exists (e.g., oral trust of land).  2. Trustee in bankruptcy

 Not required.  But, prudent practice so trust may be recorded.