Which element is NOT typically required for the establishment of an express trust?

An express trust is a legally recognized arrangement in which a trustor intentionally creates a trust with specific terms and designates the relevant parties involved. The requirement for formalities often includes proper documentation and adherence to legal standards to ensure the trust's validity, as recognized by Delaware law. A trustee is also essential, as this individual or entity manages the trust property and carries out the trust's terms. Beneficiaries are crucial as they are the individuals or entities that hold an interest in the trust and will benefit from it in some way.

In contrast, while having disinterested witnesses can be a good practice to strengthen the validity of the trust and to help avoid future disputes, it is not a universally required element for the establishment of an express trust. Courts may not invalidate an express trust solely on the lack of disinterested witnesses, as long as the other key elements are properly established and the intent of the trustor is clear. Therefore, the absence of this requirement distinguishes it from the other critical components necessary for forming a valid express trust.