M Civ JI 179.05 Trust Contests: Intention to Create a Trust

(1) A trust may be created by any of the following:

(a) A transfer of property to another person as trustee during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death.

(b) A declaration by the owner of property that the owner holds identifiable property as trustee.

(c) An exercise of a power of appointment in favor of a trustee.

(d) A promise by one person to another person, whose rights under the promise are to be held in trust for a third person.

(2) The instrument establishing the terms of a trust may be valid even if the property or an interest in property is not transferred to the trustee or made subject to the terms of the trust at the same time the instrument is signed.

Comment

MCL 700.7401.

History

M Civ JI 179.05 was added June 2011.​