What is the test for establishing a trust in a deed?

Batis next argues the trial court erred in applying a preponderance of the evidence standard rather than a clear and convincing standard in determining whether the deed should be characterized as a trust. She points to the trial court's ruling that "the respondent has established the existence of the trust by the preponderance of the evidence." She maintains the preponderance of the evidence standard does not apply where the deed's express terms are inconsistent with a trust's establishment. In support, she cites Sheehan v. Sullivan (1899) 126 Cal. 189 (Sheehan).

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