What is required for a trust to be valid?

For a trust to be valid, it is essential to demonstrate the intent to create the trust, the delivery of property to fund the trust, and that the purpose of the trust is lawful. The intent is shown through the settlor's clear expression of wanting to establish a trust, while delivery involves transferring the property to the trustee, which is critical in ensuring the trust is operational and effective. Additionally, the trust must have a lawful purpose; trusts created for illegal activities or against public policy would not be recognized as valid.

The requirement of a notarized document is not necessary for the validity of a trust. While having a written document can offer clarity and help in proving the terms of the trust, it is not strictly required; verbal trusts can be valid if all other conditions are satisfied, depending on jurisdiction. Likewise, payment of attorney fees is irrelevant to the basic requirements for a valid trust; a trust can be established without any legal fees involved. Finally, while having a witness signature can add credibility and serve as a safeguard against future disputes regarding the trust, it is not a legal requirement in many jurisdictions for the creation of a valid trust. Thus, the essentials rest on intent, delivery, and lawful purpose.