Maine: Revocable Living Trust Creation Requirements

Requirements one by one

Governing law and scope

Me. Rev. Stat. Ann. tit. 18-B, § 101 names Part 1 the Maine Uniform Trust
Code. This page covers creation and execution of an ordinary adult revocable
living trust, not specialized trusts, tax planning, creditor strategy, or
post-death administration.

Capacity and intent

Title 18-B, § 601 uses will capacity for creating, amending, revoking, or
adding property to a revocable trust and directing its trustee. Title 18-C,
§ 2-501 requires an adult to be at least 18 and of sound mind. Section 402
separately requires capacity and intent, while § 406 voids the part induced by
fraud, duress, or undue influence.

Creation method, property, and funding

Section 401 permits a lifetime or death-effective transfer to another trustee,
an owner's declaration over identifiable property, or exercise of a power of
appointment. Property includes real or personal, legal or equitable interests.

An owner declaration can cover identified owner-held property; a transfer
route requires the relevant transfer. The cited sections state no universal
nominal-dollar minimum, and a schedule does not replace an asset-specific deed,
assignment, account change, designation, or delivery.

Beneficiaries, purposes, and same-person roles

Section 402 requires a definite beneficiary ascertainable now or later, a
valid trustee selection power, or a statutory exception. Section 404 requires
a lawful, possible, public-policy-compliant purpose benefiting beneficiaries.

The settlor may serve as trustee and beneficiary, but § 402(1)(E) prevents one
person from being both sole trustee and sole beneficiary. A separate trustee
accepts under § 701 through the trust method or, when absent or nonexclusive,
delivery, powers or duties, or other acceptance conduct.

Oral trust, land writing, witness, and notary

Section 407 allows an oral trust and its terms to be established by clear and
convincing evidence unless another statute requires a trust instrument. The
Trust Code imposes no universal witness or notarization rule.

Land is different. Title 33, § 162 requires a signed writing to create an
estate in land greater than tenancy at will. A separate deed or land transfer
is acknowledged for recording under § 203 and gains the third-party effect in
§ 201.

Revocability and amendment method

Title 18-B, § 602 makes a trust revocable unless expressly irrevocable, except
for instruments executed before July 1, 2005. The settlor may substantially
comply with the trust method. If missing or nonexclusive, Maine permits its
specified later-will or codicil route or any other clear-and-convincing method.
It does not make a writing delivered to the trustee the sole fallback. An agent
needs express authority in either the trust or power of attorney.

Registration, certification, and recording

The Trust Code states no court-registration step, and § 201 says a trust is
not under continuing judicial supervision unless ordered. Section 1013 permits
an optional certification instead of the complete instrument.

Real-property recording remains separate. Under title 33, § 201, the specified
unrecorded conveyance remains effective against the grantor, heirs, devisees,
and people with actual notice, but not others until acknowledged and recorded
in the registry for the county where the land lies.

Practical distinction

An oral personal-property trust, a signed land writing, a deed transferring a
home, and a certification do different legal work. Completing one does not
automatically complete the others.

Statutes and sources

• Me. Rev. Stat. Ann. tit. 18-B, §§ 101 and 103 — code title and core
  definitions. Official current
  text
  (accessed 2026-07-30).
• Me. Rev. Stat. Ann. tit. 18-B, §§ 401 and 402 — creation routes and
  elements. Methods
  and requirements
  (accessed 2026-07-30).
• Me. Rev. Stat. Ann. tit. 18-B, §§ 404, 406, and 407 — purpose, improper
  influence, and oral proof. Official current
  text
  (accessed 2026-07-30).
• Me. Rev. Stat. Ann. tit. 18-B, § 601 and Me. Rev. Stat. Ann. tit. 18-C,
  § 2-501 — capacity. Trust Code
  and Probate Code
  (accessed 2026-07-30).
• Me. Rev. Stat. Ann. tit. 18-B, § 602 — revocation and amendment.
  Official current text
  (accessed 2026-07-30).
• Me. Rev. Stat. Ann. tit. 18-B, § 701 — trustee acceptance. Official
  current text
  (accessed 2026-07-30).
• Me. Rev. Stat. Ann. tit. 18-B, §§ 201 and 1013 — judicial supervision and
  certification. Court role
  and certification
  (accessed 2026-07-30).
• Me. Rev. Stat. Ann. tit. 33, §§ 162, 201, and 203 — land writing,
  priority, and acknowledgment. Official current
  text
  (accessed 2026-07-30).