Which of the following is sufficient to create an inter vivos trust?

• A. Intent to create a trust, trust property, and beneficiaries.
• B. Delivery of property to a trustee alone.
• C. A will naming a trustee.
• D. Not necessary to have beneficiaries.

Answer: (A)

To create an inter vivos trust, you need three core elements: the settlor’s present intent to create a trust, the property that will fund the trust (the res), and identifiable beneficiaries who will benefit from the trust. When these are in place, a living trust can be formed, with a trustee to hold and manage the assets for those beneficiaries. The choice that lists intent, trust property, and beneficiaries captures these essential pieces, making it sufficient to establish a living trust. A will naming a trustee, by contrast, creates a testamentary arrangement rather than an inter vivos trust. Delivering property to a trustee alone misses the beneficiary requirement, and saying that beneficiaries aren’t necessary ignores the fundamental need for someone to benefit from the trust.