An express trust is established by voluntary action, usually through a written document such as a trust agreement. While it is possible for a trust to be established through the courts in certain circumstances, this would be considered an implied trust rather than an express trust. The revocability of the trust will depend on the terms set forth in the trust agreement.

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An Express Trust Is

Question 32

Multiple Choice

An express trust is:

A) established by law through the courts when the parties' conduct seems to warrant the creation of a trust.
B) established by voluntary action.
C) always a written document.
D) always revocable.

Correct Answer: