California Trust Law

California Probate Code Division 9 deals with the trust law. Part 1 includes general provisions. Section 15000 names this division as the Trust Law.

Section 15001 applies this division to all trusts.

Section 15002 specifies that, except to the extent that the common law rules governing trusts are modified by statute, the common law as to trusts is the law of this state.

Section 15003 explains that nothing in this division affects the substantive law relating to constructive or resulting trusts.

Section 15004 provides that, unless otherwise provided by statute, this division applies to charitable trusts that are subject to the jurisdiction of the Attorney General to the extent that the application of the provision is not in conflict with the Supervision of Trustees and Fundraisers for Charitable Purposes Act.

Chapter 1 deals with the creation and validity of trusts. Section 15200 allows a trust to be created by any of the five specified methods.

Section 15201 provides that a trust is created only if the settlor properly manifests an intention to create a trust. Section 15202 states that a trust is created only if there is trust property.

Section 15203 allows a trust to be created for any purpose that is not illegal or against public policy. Section 15204 states that a trust created for an indefinite or general purpose is not invalid for that reason if it can be determined with reasonable certainty that a particular use of the trust property comes within that purpose.

Section 15205 explains that a trust, other than a charitable trust, is created only if there is a beneficiary. This requirement is satisfied if the trust instrument provides for either of the two specified conditions.

Section 15206 states that a trust in relation to real property is not valid unless evidenced by one of the three specified methods.

Section 15207 provides that the existence and terms of an oral trust of personal property may be established only by clear and convincing evidence. The oral declaration of the settlor, standing alone, is not sufficient evidence of the creation of a trust of personal property. In the case of an oral trust, a reference in this division or elsewhere to a trust instrument or declaration means the terms of the trust as established.

Section 15208 states that consideration is not required to create a trust, but a promise to create a trust in the future is enforceable only if the requirements for an enforceable contract are satisfied.

Section 15209 states that, if a trust provides for one or more successor beneficiaries after the death of the settlor, the trust is not invalid, merged, or terminated in either of the two specified circumstances.

Section 15210 says that a trust created pursuant to this chapter which relates to real property may be recorded in the office of the county recorder in the county where all or a portion of the real property is located.

Section 15211 specifies that a trust for a noncharitable corporation or unincorporated society or for a lawful noncharitable purpose may be performed by the trustee for only 21 years, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of the trust contemplate a longer duration.