1. Intent: The grantor must manifest an intention to create a trust.^[1]
2. In Writing: If the trust contains real property, it must be evidenced by a written instrument signed by the grantor or the grantor’s agent.^[2]
3. Property: A trust must contain property.^[3]
4. Capacity: The trustee, who may also be the grantor, must have the legal capacity to take, hold, and transfer property.^[4]

Amending/Revoking – Unless the terms of the trust state that it is irrevocable, the grantor may amend or revoke the trust. If the trust was created by a written instrument, any amendment or revocation must also be in writing.^[5]

Bond Requirement – Unless the terms of the trust dispense with this requirement, the trustee is required to put forward a bond that is payable to the trust, the registry of the court, or each person interested in the trust.^[6]

Certification of Trust – As an alternative to a copy of the trust instrument, the trustee may provide a person with a certification of trust containing a statement that the trust exists, the identity of the grantor, and other relevant information.^[7]

Co-Trustees – If there are multiple co-trustees, they may act by majority decision.^[8]

Contesting a Trust – A person with an interest in the administration of a trust may seek a declaratory judgment from the court in regard to any questions arising from the administration of the trust.^[9]

Costs Related to the Trust – In investing and managing trust assets, the trustee may only incur reasonable and appropriate costs.^[10]

Jurisdiction – If any of the trust property is located outside the state of Texas, the trustee may appoint in writing an ancillary trustee to manage said property in the foreign jurisdiction.^[11]

Oral Trusts – An oral trust is only valid if it contains only personal property at the time of its creation. A trust in real property, however, is only enforceable if created by a written instrument.^[2]

Pet Trusts – A trust may be validly created to provide for the care of one or more animals that are alive during the grantor’s lifetime. The trust terminates upon the death of the final surviving animal.^[12]

Signing Requirements – If a trust contains real property, it must be evidenced by a written instrument that has been signed by the settlor or their authorized agent.^[2]

Spendthrift Provision – The terms of a trust may validly state that a beneficiary’s interest in the income, the principal, or both, may not be voluntarily or involuntarily transferred before the delivery of that interest to the beneficiary.^[13]

Trustee’s Compensation – Unless the terms of the trust express otherwise, the trustee is entitled to reasonable compensation.^[14]

Trustee’s Duties – The trustee shall administer the trust in good faith, according to its terms, and, unless the terms of the trust state otherwise, in adherence with the duties imposed on trustees by common law.^[15]

Trustee’s Powers – The trustee is generally empowered to prudently invest, reinvest, and manage trust property in the pursuit of the trust’s stated goals.^[16]