Section 1.59 Requirement of a Writing

• Library: Trusts and Powers 2013 Supp

C. (§1.59) Requirement of a Writing

Section 456.4-407.2, RSMo Supp. 2005, requires that:

[A]ll declarations or creations of trust of any lands, tenements or hereditaments shall be manifested and proved by some writing signed by the party who is, or shall be, by law, enabled to declare such trusts, or by the party’s last will, in writing, or else they shall be void.

“[V]oid” under this statute has been held to mean voidable in that an oral trust in land can be carried out and enforced if the parties are willing and raise no objection to the lack of a written memorandum. Forest v. Rogers, 106 S.W. 1105 (Mo. App. W.D. 1908). A writing prepared after the creation of a trust appears sufficient, and it may be a single instrument or a series of instruments signed at different times. Stephenson v. Stephenson, 171 S.W.2d 565 (Mo. 1943). The instrument or instruments must express the trust in language that is reasonably clear, explicit, definite, and unequivocal. United States v. Certain Land in Wayne County, Mo., Known as...