Trust can be created by inter vivid transfer, by inter vivid declaration of trust, or by will (testamentary trust).
- Inter vivos trusts: present declaration or transfer of trust required, must manifest intent when trust res exists, formal requirements--SoF, writing required for trusts for land revocable trust containing testamentary aspects must comply w/ statute of wills, parol evidence rule
- Testamentary trusts: formalities, "secret trust"-constructive trust imposed; "semi-secret trust" - resulting trust implied.
- Void if procedure by fraud, duress, mistake, or undue influence
Trust contest: action to contest all or party of revocable trust, or the revocation of party of a trust, may not be brought until the trust becomes irrevocable, by its terms or by the S's death. Action to contest to revocation of the entire trust may be commenced until after the S's death.