What are the required elements for the creation of express trusts?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

The required elements for the creation of express trusts include capacity, intent, corpus, and beneficiaries.

Capacity refers to the legal ability of the person creating the trust (the settlor) to do so, which typically requires them to be of sound mind and of legal age. Intent signifies that the settlor must have a clear intention to create a trust and move property into it, distinguishing it from mere gifts or informal arrangements. The corpus, or trust property, is the specific assets that are placed into the trust to be managed according to the trust's terms. Lastly, beneficiaries are the individuals or entities that will benefit from the trust, and they must be identifiable for the trust to be valid. These elements collectively ensure that a trust is properly structured and fulfills its intended purpose within the parameters of the law.

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