An express trust is created as to the trustor and beneficiary by any words or acts of the trustor indicating with reasonable certainty: (1) An intention on the part of the trustor to create a trust; and (2) The subject, purpose, and beneficiary of the trust. Any express trust that concerns real property shall also be evidenced in writing. Source: SDC 1939, § 59.0105; SL 2017, ch 204 , § 5.
Creation of express trust--Words or acts of trustor
SDCL § 55-1-4 — under CLASSIFICATION AND CREATION OF TRUSTS.
SDCL § 55-1-4