Which of the following is NOT one of the four essential elements required to create an express trust?

• A. Intent to Create a Trust
• B. Identifiable trust property
• C. Ascertainable beneficiaries or a valid charitable purpose
• D. Notarization of the trust instrument

Answer: (D)

The key idea is that an express trust is created when there is clear intent to create a trust, property that can be held in trust, and beneficiaries who can be identified (or a valid charitable purpose). Notarization isn’t required to form the trust—it's the presence of those three elements that matters for creation. A trust can still be valid even if the instrument isn’t notarized, provided the document is properly executed and the essential elements are satisfied. (Note that some situations, like trusts involving real property, may require a writing under the Statute of Frauds, but that is a separate formal requirement and not the same as notarization.)