204. Person undertaking to hold his or her own property as trustee
Where a person, being the owner of a thing in his or her own right and for his or her own benefit, undertakes to hold or apply the thing as a trustee for another person, he or she does not thereby become a trustee, within the meaning of the provisions of this Code relating to fraudulent breach of trust, unless he or she has constituted himself or herself as such trustee by an instrument in writing executed by him or her and specifying the nature of the trust and the person for whom the trust is created.