real property - written instrument signed by settlor or trustee (admission against interest); agents can also do the signing, but the agency must be in writing; or can be by an authorized agent; statute says that it can be by operation of law as well; personal property - need clear and convincing evidence, more than preponderance; should not even do it orally EXCEPTIONS to writing requirement: personally property does not need a writing usually oral trusts of real property that trustees partially perform are usually enforced conveyance induced by evil conduct