Which trust is formed by operation of law and does not rely on a written instrument?

• A. Express Trust
• B. Trust Agreement
• C. Implied Trust
• D. Resulting Trust

Answer: (C)

Implied trusts are created by operation of law based on the facts and circumstances surrounding a transaction, not by a written trust declaration. When the parties’ conduct or the way property is held shows an intent or obligation to benefit someone else, the court imposes a trust even though no trust instrument exists. This fits the idea of a trust formed by law without relying on a written document.

An express trust, by contrast, rests on a written declaration or instrument that sets out the terms and beneficiaries. A trust agreement is essentially that written instrument itself. A resulting trust is a type of implied trust that arises by operation of law when there isn’t an explicit trust arrangement, often tied to contributions or the failure of an express trust. While it is still created by law, the broader category that captures trusts formed without a written instrument is implied trust, which is why it’s the best answer.