Arizona Revised Statutes

Ariz. Rev. Stat. § 14-10407 (2026)

Evidence of oral trust

✓ current as of May 2026
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14-10407. Evidence of oral trust

Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust shall be established only by clear and convincing evidence and the terms of the oral trust shall be established by a preponderance of the evidence.  If a trust is created by written instrument, it may be amended or revoked only by written instrument executed by the settlor.

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2026 · leading case: Donovan v. Donovan (Ariz. Ct. App. 2026).
Donovan v. Donovan (Ariz. Ct. App. 2026). · cites it 2× “§ 14-10415, which permits reformation of a trust, even in cases of unambiguity, to conform to a settlor’s intent if proved by clear and convincing evidence that a mistake affected the intent and the trust’s terms.”
In re: Cynthia L. Messer (9th Cir. BAP 2012). “ARS § 14-10407 states in relevant part: 26 “[T]he creation of an oral trust shall be established only by clear and convincing evidence and the terms of the oral trust 27 shall be established by a preponderance of the evidence.”
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