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Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 7731 (2026)

 Creation of trust - UTC 401.

✓ current as of May 2026
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SUBCHAPTER D

CREATION, VALIDITY, MODIFICATION

AND TERMINATION OF TRUST

 

Sec.

7731.  Creation of trust - UTC 401.

7732.  Requirements for creation - UTC 402.

7733.  Written trusts created in other jurisdictions - UTC 403.

7734.  Trust purposes - UTC 404.

7735.  Charitable purposes; enforcement - UTC 405.

7736.  Creation of trust induced by fraud, duress or undue influence - UTC 406.

7737.  Oral trusts unenforceable.

7738.  Trust for care of animal - UTC 408.

7739.  Noncharitable trust without ascertainable beneficiary - UTC 409.

7740.  Termination of trusts; proceedings for termination or modification of trusts - UTC 410.

7740.1. Modification or termination of noncharitable irrevocable trust by consent - UTC 411.

7740.2. Modification or termination of noncharitable irrevocable trust by court - UTC 412.

7740.3. Charitable trusts - UTC 413.

7740.4. Modification or termination of noncharitable trust - UTC 414.

7740.5. Reformation to correct mistakes - UTC 415.

7740.6. Modification to achieve settlor's tax objectives - UTC 416.

7740.7. Division of trusts.

7740.8. Combination of trusts.

 

Cross References.  Subchapter D is referred to in section 7701 of this title.

§ 7731.  Creation of trust - UTC 401.

A trust may be created by:

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

(2)  written declaration, signed by or on behalf and at the direction of the owner of property as required by section 7732 (relating to requirements for creation - UTC 402), that the owner holds identifiable property as trustee; or

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

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2009–2025 · leading case: In Re Est. of Stephano, 981 A.2d 138 (Pa. 2009).
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In Re Est. of Stephano, 981 A.2d 138 (Pa. 2009). · cites it 2× “20 Pa.C.S. § 7731. Such conveyance, however, constitutes a trust only if: (1) the settlor has capacity to create a trust; (2) the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust; (3) the trust has a definite…”
Brooks, D. v. Brooks, G., 231 A.3d 1 (Pa. Super. Ct. 2020). “”6 See 20 Pa.C.S. § 7731(1), (2). Rather, just as 26 U.”
In re Found. for Anglican Christian Tradition, 103 A.3d 425 (Pa. Commw. Ct. 2014). “*429 Section 7731(1) — (3) of the Act, 20 Pa.C.S. § 7731(l)-(3). Under the Act, a trust may be created only if “the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust.”
Peters Creek United Presbyterian Church v. Washington Presbytery, 90 A.3d 95 (2014). · cites it 2× “”); 20 Pa.C.S. § 7731 cmt. (“A trust created by self-declaration is best created by reregistering each of the assets that comprise the trust into the settlor’s name as trustee.”
In re: Est. of A.M. Crum, ~ Appeal of: J.D. Crum, of the Est. of A.M. Crum (Pa. Commw. Ct. 2025). · cites it 3× “§ 7731(1) & cmt. Because the trust—not the settlor—has legal title to the assets, when the settlor dies, any trust assets are conveyed via the terms of the trust instrument and not the settlor’s will.”
In re: Indep. Fire Co. No. 1 a non profit corp. ~ Appeal of: Com. of PA (Pa. Commw. Ct. 2020). “20 Pa.C.S. §§7731, 7732. 11 intention.” 20 Pa.”
— 20 Pa. Cons. Stat. § 7731(1) — 2 cases
Brooks, D. v. Brooks, G., 231 A.3d 1 (Pa. Super. Ct. 2020). “”6 See 20 Pa.C.S. § 7731(1), (2). Rather, just as 26 U.”
In re: Est. of A.M. Crum, ~ Appeal of: J.D. Crum, of the Est. of A.M. Crum (Pa. Commw. Ct. 2025). “§ 7731(1) & cmt. Because the trust—not the settlor—has legal title to the assets, when the settlor dies, any trust assets are conveyed via the terms of the trust instrument and not the settlor’s will.”
— 20 Pa. Cons. Stat. § 7731(l) — 1 case
In re Found. for Anglican Christian Tradition, 103 A.3d 425 (Pa. Commw. Ct. 2014). “*429 Section 7731(1) — (3) of the Act, 20 Pa.C.S. § 7731(l)-(3). Under the Act, a trust may be created only if “the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust.”
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