Section 6.42 Intent to Create Trust

• Library: Trusts and Powers 2013 Supp

3. (§6.42) Intent to Create Trust

A valid trust is created only if the settlor “indicates an intention to create the trust.” Section 456.4-402.1(2), RSMo Supp. 2005. Because this chapter is primarily concerned with written trust agreements, one would normally look to the document for an expression of intention, but the intention can also be manifested by conduct or orally. Gwin v. Gwin, 219 S.W.2d 282, 285
(Mo. App. W.D. 1949). It is not required that the term “trust” be utilized. Gardner v. Bernard, 401...