An irrevocable trust instrument must be executed in writing and acknowledged or proved in the manner required for recording of a conveyance of real property, with consent of all living beneficiaries, executed in like manner.

• A. An instrument in writing, acknowledged or proved in the manner required for recording a conveyance of real property, with the consent of all living beneficiaries, executed in like manner
• B. A simple handwritten note from the grantor
• C. A verbal agreement with the beneficiaries
• D. Only court approval is required

Answer: (A)

The key idea is that when an irrevocable trust is intended to own or transfer real property, the trust instrument must meet formal deed-like requirements: it has to be in writing, properly acknowledged or proved in the manner used for recording a real-property conveyance, and it must have the consent of all living beneficiaries, with the instrument executed in like manner. These formalities ensure the document is enforceable, can be recorded, and reflects the agreement of all affected beneficiaries. A simple handwritten note lacks the required writing and acknowledgment; a verbal agreement does not create or convey real property interests or meet recording standards; and merely obtaining court approval does not substitute for the proper execution and beneficiary consent. Therefore, the instrument that satisfies all these conditions is the written instrument, acknowledged or proved as for a real-property conveyance, with consent of all living beneficiaries, executed in like manner.