Читать книгу Form 1041 - Stephen Brooks - Страница 16

The validity of a trust created by will is ordinarily determined by the law of the decedent's domicile. In other words, if the will creating the trust is valid in the jurisdiction where it was executed, the trust is also valid.⁷ In regard to the law regarding the validity of inter vivos trusts, the law is less certain.⁸ The Restatement (Third) of Trusts provides that except where required by the Statute of Frauds, no writing is required to create a valid trust.⁹ However, not all jurisdictions recognize oral trusts. Pennsylvania, for example, does not recognize oral trusts. In cases when writing is required, it is sufficient to satisfy the statute if it is signed by the settlor.