Trusts and Trustees Act (Cap. 331), article 7

7. (1) Within the meaning of article 3, a trust may come into existence in any manner. (2) Without prejudice to the gener ality of subarticle (1), a tru st may come into existence unilaterally or otherwise by oral declaration, or by an instrument in writing including by a will, by operation of law or by a judicial decision: Cap. 16. Provided that where assets are held, acquired or received by a person for another on the basi s of oral arrangements of a fid uciary nature, express or imp lied, there shall be p resumed to be a man date regulated by Title XVIII of Book Second of the Civil Code or a deposit regulated by Title XIX of Book Second of the Civil Code , as the case may be, unless there is evidence of an intention to create an oral trust. (3) A unilateral declaration of t rust is a declaration in writin g made by a trustee stating that it is the trustee of a trust, co ntaining all the terms of the trust as well as the names or the informat ion enabling the identification of all the beneficiaries. (4) A unit trust shall be cr eated by a writt en instrument. Jurisdiction of the Maltese courts. Substituted by: XX. 1994.4; XIII. 2004.9.