Do Express Trust have to be created under a U.S. Legal Code?

No, an express trust does not have to be created under a code. An express trust is a type of trust that is created by a written agreement between the grantor (the person creating the trust) and the trustee (the person who manages the trust). The trust agreement sets out the terms of the trust, including the purpose of the trust, the assets that are to be held in the trust, the rights of the beneficiaries, and the duties and responsibilities of the trustee.

Express trusts can be created under common law, which is the body of law that is derived from judicial decisions and customs, or they can be created under statute, which is a law that is enacted by a legislative body. In some jurisdictions, there may be specific laws or codes that govern the creation and operation of express trusts, such as the Uniform Trust Code in the United States. However, in many jurisdictions, express trusts can be created without reference to a specific code or law, as long as the trust agreement meets the requirements of general trust law.

The specific requirements for the creation of an express trust will vary depending on the jurisdiction in which the trust is created, and it is important to seek the advice of a qualified attorney or advisor to ensure that the trust agreement meets the applicable legal requirements and that the trust is created in accordance with the wishes of the grantor.