Massachusetts General Laws

Mass. Gen. Laws ch. 203E, § 401 (2026)

Methods of creating trust

✓ current as of July 2026
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Section 401. Methods of creating trust

A trust may be created by:

(1) transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;

(2) declaration by the owner of property that the owner holds identifiable property as trustee; or

(3) exercise of a power of appointment in favor of a trustee.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Marianne Poulos v. Peter a. Poulos., 100 Mass. App. Ct. 40 (Mass. App. Ct. 2021).
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Marianne Poulos v. Peter a. Poulos., 100 Mass. App. Ct. 40 (Mass. App. Ct. 2021). · cites it 2× “" G. L. c. 203E, § 401. Here, Peter created the trust when he executed the declaration of trust and the deed transferring his interest in the property to himself as trustee for Marianne, for disposition to her upon his death.”
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