When Does a Signed Trust Document Not Create a Trust?

When Does a Signed Trust Document Not Create a Trust?

When extrinsic evidence shows a grantor’s contrary intent

Four lines of cases over four decades have reached the remarkable result that even though a grantor signed a trust document, apparently creating a trust, that grantor didn’t, in fact, create a trust. How can this be? How can a signed—and perhaps also witnessed, notarized and funded—trust instrument not create a trust? How is any trust safe from assault in light of such rulings?

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