determine trust intent - split of title and imposition of duties on trustee capacity to create trust - same as capacity for wills comply with statute of frauds - real property (in writing), personal (can be oral if clear and convincing evidence of settlor's intent) legal purpose - may not be against the law; the court makes the determination if charitable trust (use generally accepted standard); more toleration for religious purposes property - trust must contain some property trustee holds legal title - indication of acceptance, bond not required beneficiary holding equitable title - clearly ascertainable, in CA a third party may select beneficiary (if revocable duty owed to settlor not beneficiaries) no violation of rule against peretuities - CA 90 years from creation or 21 years from death of lives in being whichever is longer