A trust must be express because the essential elements of a trust include a writing.

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A trust does not always require a writing to be valid; some trusts can be verbal, especially if the trust deals with personal property. The essential elements of a trust include intent by the settlor to create a trust, designation of a trustee, determination of trust beneficiaries, and transfer of property to the trust, but not necessarily a writing.

A Trust Must Be Express Because the Essential Elements of a Trust