When trust is to be created inter vivos, no formality is required for the creation of a trust if the property involved is in personalties and not realties. What is essential is that the manifestation of the intention to create a trust on the part of the settlor must be very clear. If the property is realty, that is, immovable property such as land, the intention to benefit someone must be evidenced in writing as required by the law. Where the trust is to be created by will, the requirements of the law with regards to the creation of wills must be adhered to in order for the will and the trust created therein to be valid. The following formalities for the creation of a valid will must be complied with:
- a. The will must be in writing.
- b. It must be signed by the testator or by some other person in his presence and by his direction.
- c. The signature of the testator must be attested by two witnesses, who must be present together in the presence of the testator.