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Section 15200 of the California Probate Code provides in
part:
Subject to other provisions of this chapter, a
trust may be created by any of the following methods:
* * * * * * *
(b) A transfer of property by the owner during the
owner's lifetime to another person as trustee. [Cal.
Prob. Code sec. 15200 (West 1991).]
The California Probate Code further provides: "A trust is
created only if there is trust property." Cal. Prob. Code sec.
15202 (West 1991); see also Restatement, Trusts 2d, sec. 74
(1959). There is no dispute as to the other requirements for the
creation of a trust.4
Where the instrument is other than a will, there is no trust
until property is transferred to the trustee. Cohen v. Myers, 86
Cal. Rptr. 456, 458 (Ct. App. 1970); Monell v. College of
Physicians and Surgeons, 17 Cal. Rptr. 744, 751 (Dist. Ct. App.
1962). We do not disagree with petitioners' contention that the
trust document in and of itself did not create the trust in the
absence of a transfer of property. Cal. Prob. Code sec. 15202
(West 1991). Nor do we disagree with their assertion that the
purchase agreement standing alone did not create the trust
4 The other requirements for the creation of a trust are: (1) An
intent to create a trust by the settlor; (2) a trust purpose; and
(3) an identifiable beneficiary. Cal. Prob. Code secs. 15201-
15205 (West 1991); see Chang v. Redding Bank of Commerce, 35 Cal.
Rptr. 2d 64, 70 (Ct. App. 1994).
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Last modified: May 25, 2011