Cal. Codes » Probate Code / DIVISION 9. TRUST LAW / PART 2. CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUSTS / CHAPTER 1. Creation and Validity of Trusts
California Codes

Cal. Probate Code § 15201 (2026)

Creation and Validity of Trusts

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A trust is created only if the settlor properly manifests an intention to create a trust.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1989–2024 · leading case: Lonely Maiden Prods. v. Goldentree Asset Mgmt., 201 Cal. App. 4th 368 (Cal. Ct. App. 2011).
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Lonely Maiden Prods. v. Goldentree Asset Mgmt., 201 Cal. App. 4th 368 (Cal. Ct. App. 2011). “Over a number of years, the Restatement Second of Trusts has been superseded by the Restatement Third of Trusts. (13 Witkin, Summary of Cal. Law, supra, Trusts, §§ 12, 17, pp.”
L.B. Rsch. & Educ. Found. v. UCLA Found., 130 Cal. App. 4th 171 (Cal. Ct. App. 2005). “2 (Prob. Code, § 15201 [a trust is created only if the settlor properly manifests an intention to create a trust]; Estate of Ralston (1934) 1 Cal.”
True Traditions, LC v. Wu, 552 B.R. 826 (N.D. Cal. 2015). “” Cal. Prob. Code § 15201 . A constructive trust may also be imposed on property if that property is “wrongfully detained],” Cal.”
Est. of Heil, 210 Cal. App. 3d 1503 (Cal. Ct. App. 1989). “(Prob. Code, § 15201.) [4] Second, there must be trust property or res (§ 15202) of such nature as to be the proper subject of a trust.”
City of Palm Springs v. Living Desert Reserve, 70 Cal. App. 4th 613 (Cal. Ct. App. 1999). “) The elements essential to its creation are a proper manifestation by the settlor of an intention to create a trust (Prob. Code, § 15201), a trust res (id., § 15202), and a charitable purpose 3 (id.”
Am. Horse Prot. Ass'n v. State of Nevada, 210 Cal. App. 3d 1503 (Cal. Ct. App. 1989). “(Prob. Code, § 15201.) 4 Second, there must be trust property or res (§ 15202) of such nature as to be the proper subject of a trust.”
Cockren v. Brown, No. F080282 (Cal. Ct. App. June 21, 2022). “Rommel Included His Oil and Gas Leases in the 2013 Trust When He Signed the Trust Instrument (i) Applicable Law The essential necessary elements of a valid trust are (1) a trust intent (Prob. Code, § 15201); (2) trust property (Prob.”
Tawansy v. Leslie (In re Raymond Renaissance Theater, LLC), 583 B.R. 735 (Bankr. C.D. Cal. 2018). “Express Trust -One in which there is (a) an explicit declaration of trust by a competent trustor, followed by an actual conveyance or transfer of trust property, (b) the intent to create a trust, (c) a lawful trust purpose and (4) an identifiable beneficiary.”
Stordahl v. Johnson, No. B324765 (Cal. Ct. App. Jan. 18, 2024). “(Prob. Code, §§ 15201–15205.) To establish an identifiable beneficiary or class of beneficiaries, the plaintiff must plead facts establishing a beneficiary or class thereof “that is ascertainable with reasonable certainty or that is sufficiently described.”
AmeriFirst Fin., Inc., No. 23-11240 (Bankr. D. Del. June 12, 2024). “1993) (summarizing Cal. Prob. Code §§ 15201 - 15205). JPuangee 1N2u, m20b2e4r 4 insufficient evidence to satisfy these requirements.”
Lee v. Kim, No. B244796 (Cal. Ct. App. Oct. 4, 2013). “(Prob. Code, § 15201.) Oral trusts of personal property are permissible, though the oral declaration of the settlor standing alone is insufficient to show the creation of an oral trust.”
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