A trust is a legal entity created by a person known as the trustor, grantor, or settlor who owns assets (cash, stocks, bonds, real estate, art, jewelry, machinery, etc.) and transfers ownership of the assets to the trust—while directing a person or entity known as the trustee to hold and manage the assets for the benefit of a certain person or persons, or classification of persons (descendants) known as the beneficiary or beneficiaries. The assets or property in a trust are sometimes referred to by the Latin word res (pronounced “rays”).

Beneficiaries are often descendants or heirs of the trustor, grantor, or settlor, but in some states (and other countries) the trustor, grantor, or settlor may be the beneficiary—and in that case the trust is known as a self-settled trust.

A trust is generally created when a trustor, grantor, or settlor shows or manifests an intent to create a trust by signing or executing a written trust agreement that is also signed by the trustee.

In South Carolina, a trust is established when an individual (trustor, grantor, or settlor) expresses the intention to create a trust, typically through a written trust agreement, which is also signed by the trustee. The trust agreement outlines how the trustor's assets, which can include a wide range of property such as cash, stocks, real estate, and personal items, are to be managed and distributed by the trustee for the benefit of designated beneficiaries. These beneficiaries can be descendants, heirs, or any other persons or classes of persons specified by the trustor. South Carolina law also permits the creation of self-settled trusts, where the trustor themselves can be the beneficiary of the trust. Trusts in South Carolina are governed by the South Carolina Trust Code, which provides the legal framework for the creation, management, and termination of trusts within the state. The code outlines the duties and powers of trustees, the rights of beneficiaries, and the rules for modifying or revoking a trust, among other provisions.