Which signing requirement is necessary for an express private trust?

• A. Signed by the settlor with either notarization or two witnesses
• B. Requires only witnessed by three witnesses
• C. Requires no signature if delivered
• D. Requires signature by the beneficiary

Answer: (A)

Express private trusts must be evidenced by a writing signed by the person who creates the trust, satisfying the formalities of the Statute of Frauds. The signing can be accomplished either by having the instrument notarized or by having the signing witnessed by two people. This helps prove the settlor’s intent and the terms of the trust.

A signature by the settlor ensures the trust is actually created, not merely delivered or intended. Delivery to the trustee and acceptance are also part of the mechanism, but they don’t substitute for the required signed writing. Requiring three witnesses is more than the standard; two witnesses is the usual formality. A signature by the beneficiary would misplace who is executing the trust, which is why that option does not fit.