Which of the following is a required element of an express private trust?

• A. All of the above
• B. Settlor is 18+ with contractual capacity
• C. Delivery of a titled document transferred formally
• D. Property must be titled in settlor's name

Answer: (A)

The main idea is that an express private trust must be properly formed and funded. Someone with the power to create a trust (the settlor) must have capacity—typically being at least 18 and having the mental ability to understand and intend to create a binding arrangement. The trust also has to be funded, meaning the property that will be held in trust must be transferred to the trustee. This is usually done by a formal transfer of title or by delivering a document that conveys title to the trustee or to the trust, so the trustee can actually control the property for the beneficiaries. In practice, the property used to fund the trust is identified and placed into the trust, which often involves the asset being titled in a way that shows its transfer from the settlor to the trust (which may begin with the settlor’s name on the title before the transfer is completed). Because all of these elements—capacity, funding through a formal transfer, and the property being tied to the trust—are required to create a valid express private trust, choosing all of the above reflects the full set of essential pieces.