What is necessary for a trust to exist at the time of its creation?

For a trust to exist at the time of its creation, legal title to a specific interest in property must be established. A trust is fundamentally an arrangement in which one party holds property for the benefit of another. This requires the transfer of legal title to the assets that will fund the trust. Without specific property being placed into the trust, or without the legal title being transferred, the trust cannot operate as intended.

While a formal record of the creator's intent is important and can support the establishment of a trust, the mere documentation of intent does not create the trust itself. Additionally, a notarial seal is not a requirement for the validity of a trust in most jurisdictions. A signed and dated will pertains specifically to the testamentary aspects of transferring property upon death, rather than to the immediate creation of an inter vivos trust or the specific need for property title. Thus, legal title to specific property is the essential element needed for a trust to exist.