Jacobs, J.
In her last will, Jean Bongaards stated that she had intentionally made no provision for her husband, George Bongaards. Following Jean’s death, George filed a complaint for declaratory judgment in the Probate and Family Court seeking a determination that real estate purportedly held in trust by her be treated as a part of her estate for purposes of his spousal claim under G. L. c. 191, § 15.3 After a hearing on the parties’ cross motions for summary judgment, the judge ruled, in effect, that the real estate was trust property not subject to a spousal claim, and entered judgment in favor of the defendants.4
Background. In 1978, Josephine D’Amore, Jean’s mother, created the 291 Commonwealth Avenue Trust and at the same time conveyed to the trust real estate in Boston consisting of an apartment building at that address. D’Amore then also declared herself the sole trustee and beneficiary of the trust during her life. Upon D’Amore’s death, Jean would, if she accepted, become the sole trustee and the sole beneficiary during her life. About a year later, in 1979, D’Amore purported to convey the real estate to Jean by a deed signed by D’Amore as an individual, and running to Jean as an individual. The 1979 deed, which made no reference to the trust, was drafted by an attorney different from the one who had drafted the Í978 deed and trust. D’Amore died in July, 1979. Jean and the plaintiff continued to live in one of the apartments, as they had since their marriage in 1965, and Jean managed the property until her death in July, 1996. About ten days before she died, Jean executed an acceptance of appointment as trustee, a confirma[53]*53tory deed of the real estate to herself as trustee, and an appointment of the remainder in trust in favor of her sister, Nina Millen.
Discussion. On appeal, the plaintiff argues several grounds in support of his claim that the real estate was not trust property. Additionally, he seeks a spousal share of a bank savings account (see note 4, supra).
1. Validity of the trust. Article II of the trust provides: “The original beneficiaries of this Trust are the persons listed as beneficiaries in the Schedule of Beneficiaries this day executed by them and the Trustee and filed with the Trustee; and the interests of the beneficiaries are as stated in said Schedule.” The plaintiff asserts the trust was void ah initia for the lack of a beneficiary, noting that only D’Amore, as trustee, signed the schedule of beneficiaries, and that the trust instrument required the beneficiaries to execute that schedule. The schedule had been signed by D’Amore contemporaneously with the trust and clearly identified the beneficiaries by name or description and their respective interests.5 The provision for beneficiary signatures may not be read as a condition precedent to the validity of the schedule. The uncontroverted fact is that the schedule came into existence at the same time as the trust instrument and was signed by the person who was the settlor, sole trustee and only present beneficiary of the trust. Accordingly, the absence of beneficiary signatures relied upon by the plaintiff may not be equated with a lack of beneficiaries or a failure of contemporaneous identification. See 2 Scott & Fratcher, Trusts §§ 112, 112.1 (4th ed. 1988). Compare Arlington Trust Co. v. Caimi, 414 Mass. 839, 848 (1993) (where the settlor never [54]*54identified any beneficiary in writing, as required by the declaration of trust, the trust “never came into existence and the attempted conveyance fail[ed] for lack of a cognizable recipient”). At most, and to the extent Jean Bongaards may be regarded as an “original” beneficiary of the trust, the absence of her signature on the schedule is a purely technical failing and, at most, suggests that she then may have been unaware of her status under the trust. “[T]here is no principle of general application that knowledge or consent of the cestui que trust at the time is necessary to the validity of a declaration of trust.” Stuart v. Sargent, 283 Mass. 536, 542 (1933). See Aronian v. Asadoorian, 315 Mass. 274, 276-278 (1943); Cohen v. Newton Sav. Bank, 320 Mass. 90, 93 (1946).
2. Effect of the 1979 deed. The plaintiff argues that the conveyance of the real estate in 1979 effectively terminated the trust as it transferred the only trust asset.6 He also cites circumstances he believes indicate that D’Amore intended to convey the property to Jean as an individual.7
The reason for the 1979 deed is not readily apparent from the record.8 On its face, the deed contains critical facts which are inconsistent with the 1978 deed conveying the property to the trust. The 1979 deed is signed by D’Amore individually, and [55]*55not in her capacity as trustee. There is no description of the property as trust property. It states that D’Amore’s title is derived not from the prior recorded deed to the trust in 1978, but from a 1962 deed to D’Amore which she cited as the origin of her title when conveying the property to herself as trustee. There is nothing in the 1979 deed indicating that the property was being conveyed free of the trust, nor is there any indication that D’Amore was then aware she had previously placed the property in trust. Signing the deed as an individual, and not as trustee, D’Amore could bind only herself and not the trust. See Rogaris v. Albert, 431 Mass. 833, 835-836 (2000), and cases cited. Because she previously conveyed the property to the trust in 1978, and the 1979 deed purported to convey title from the same source (i.e., the 1962 deed), the 1979 deed could convey nothing, and thus was a nullity. See Daly v. Donovan, 258 Mass. 226, 227 (1927) (“The grantor, however, not having title, her deed conveyed nothing”).9
3. Management of the property. The plaintiff asserts that Jean treated the property as her own over some sixteen years, thereby confirming that it was not trust property. Although Jean did not, when D’Amore died, formally assume office as a successor [56]*56trustee,10 there is no indication in the record that Jean maintained the property in a manner inconsistent with her duties as trustee. The indicia of individual ownership relied upon by the plaintiff relate merely to Jean’s failure to identify herself as trustee or to identify the property as trust property, and are not reflective of any substantive failure to preserve the property for the future beneficiaries.11 Also, many of the asserted indicia cannot be distinguished from the use of the property to which Jean was entitled as the beneficiary of a life estate. As such, she was “entitled to receive all of the net income of the Trust as shall be earned from year to year.” Because there is no evidence that Jean failed to conform to her duties as trustee even though she had not formally accepted those duties, and no evidence that she wrongly acquired or retained for herself any assets or income, the property was not diverted from the trust.12
4. Extension of Sullivan v. Burkin. The plaintiff argues that Jean held such complete control over the trust property that it should be included in her estate under the principle of Sullivan [57]*57v. Burkin, 390 Mass.
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Jacobs, J.
In her last will, Jean Bongaards stated that she had intentionally made no provision for her husband, George Bongaards. Following Jean’s death, George filed a complaint for declaratory judgment in the Probate and Family Court seeking a determination that real estate purportedly held in trust by her be treated as a part of her estate for purposes of his spousal claim under G. L. c. 191, § 15.3 After a hearing on the parties’ cross motions for summary judgment, the judge ruled, in effect, that the real estate was trust property not subject to a spousal claim, and entered judgment in favor of the defendants.4
Background. In 1978, Josephine D’Amore, Jean’s mother, created the 291 Commonwealth Avenue Trust and at the same time conveyed to the trust real estate in Boston consisting of an apartment building at that address. D’Amore then also declared herself the sole trustee and beneficiary of the trust during her life. Upon D’Amore’s death, Jean would, if she accepted, become the sole trustee and the sole beneficiary during her life. About a year later, in 1979, D’Amore purported to convey the real estate to Jean by a deed signed by D’Amore as an individual, and running to Jean as an individual. The 1979 deed, which made no reference to the trust, was drafted by an attorney different from the one who had drafted the Í978 deed and trust. D’Amore died in July, 1979. Jean and the plaintiff continued to live in one of the apartments, as they had since their marriage in 1965, and Jean managed the property until her death in July, 1996. About ten days before she died, Jean executed an acceptance of appointment as trustee, a confirma[53]*53tory deed of the real estate to herself as trustee, and an appointment of the remainder in trust in favor of her sister, Nina Millen.
Discussion. On appeal, the plaintiff argues several grounds in support of his claim that the real estate was not trust property. Additionally, he seeks a spousal share of a bank savings account (see note 4, supra).
1. Validity of the trust. Article II of the trust provides: “The original beneficiaries of this Trust are the persons listed as beneficiaries in the Schedule of Beneficiaries this day executed by them and the Trustee and filed with the Trustee; and the interests of the beneficiaries are as stated in said Schedule.” The plaintiff asserts the trust was void ah initia for the lack of a beneficiary, noting that only D’Amore, as trustee, signed the schedule of beneficiaries, and that the trust instrument required the beneficiaries to execute that schedule. The schedule had been signed by D’Amore contemporaneously with the trust and clearly identified the beneficiaries by name or description and their respective interests.5 The provision for beneficiary signatures may not be read as a condition precedent to the validity of the schedule. The uncontroverted fact is that the schedule came into existence at the same time as the trust instrument and was signed by the person who was the settlor, sole trustee and only present beneficiary of the trust. Accordingly, the absence of beneficiary signatures relied upon by the plaintiff may not be equated with a lack of beneficiaries or a failure of contemporaneous identification. See 2 Scott & Fratcher, Trusts §§ 112, 112.1 (4th ed. 1988). Compare Arlington Trust Co. v. Caimi, 414 Mass. 839, 848 (1993) (where the settlor never [54]*54identified any beneficiary in writing, as required by the declaration of trust, the trust “never came into existence and the attempted conveyance fail[ed] for lack of a cognizable recipient”). At most, and to the extent Jean Bongaards may be regarded as an “original” beneficiary of the trust, the absence of her signature on the schedule is a purely technical failing and, at most, suggests that she then may have been unaware of her status under the trust. “[T]here is no principle of general application that knowledge or consent of the cestui que trust at the time is necessary to the validity of a declaration of trust.” Stuart v. Sargent, 283 Mass. 536, 542 (1933). See Aronian v. Asadoorian, 315 Mass. 274, 276-278 (1943); Cohen v. Newton Sav. Bank, 320 Mass. 90, 93 (1946).
2. Effect of the 1979 deed. The plaintiff argues that the conveyance of the real estate in 1979 effectively terminated the trust as it transferred the only trust asset.6 He also cites circumstances he believes indicate that D’Amore intended to convey the property to Jean as an individual.7
The reason for the 1979 deed is not readily apparent from the record.8 On its face, the deed contains critical facts which are inconsistent with the 1978 deed conveying the property to the trust. The 1979 deed is signed by D’Amore individually, and [55]*55not in her capacity as trustee. There is no description of the property as trust property. It states that D’Amore’s title is derived not from the prior recorded deed to the trust in 1978, but from a 1962 deed to D’Amore which she cited as the origin of her title when conveying the property to herself as trustee. There is nothing in the 1979 deed indicating that the property was being conveyed free of the trust, nor is there any indication that D’Amore was then aware she had previously placed the property in trust. Signing the deed as an individual, and not as trustee, D’Amore could bind only herself and not the trust. See Rogaris v. Albert, 431 Mass. 833, 835-836 (2000), and cases cited. Because she previously conveyed the property to the trust in 1978, and the 1979 deed purported to convey title from the same source (i.e., the 1962 deed), the 1979 deed could convey nothing, and thus was a nullity. See Daly v. Donovan, 258 Mass. 226, 227 (1927) (“The grantor, however, not having title, her deed conveyed nothing”).9
3. Management of the property. The plaintiff asserts that Jean treated the property as her own over some sixteen years, thereby confirming that it was not trust property. Although Jean did not, when D’Amore died, formally assume office as a successor [56]*56trustee,10 there is no indication in the record that Jean maintained the property in a manner inconsistent with her duties as trustee. The indicia of individual ownership relied upon by the plaintiff relate merely to Jean’s failure to identify herself as trustee or to identify the property as trust property, and are not reflective of any substantive failure to preserve the property for the future beneficiaries.11 Also, many of the asserted indicia cannot be distinguished from the use of the property to which Jean was entitled as the beneficiary of a life estate. As such, she was “entitled to receive all of the net income of the Trust as shall be earned from year to year.” Because there is no evidence that Jean failed to conform to her duties as trustee even though she had not formally accepted those duties, and no evidence that she wrongly acquired or retained for herself any assets or income, the property was not diverted from the trust.12
4. Extension of Sullivan v. Burkin. The plaintiff argues that Jean held such complete control over the trust property that it should be included in her estate under the principle of Sullivan [57]*57v. Burkin, 390 Mass. 864 (1984).13 That case held that “the estate of a decedent, for the purposes of G. L. c. 191, § 15, shall include the value of assets held in an inter vivas trust created by the deceased spouse as to which the deceased spouse alone retained the power during his or her life to direct the disposition of those trust assets for his or her benefit, as, for example, by the exercise of a power of appointment or by revocation of the trust.” Id. at 867. Significantly, however, the court expressly limited its holding to inter vivas trusts “created or amended after the date of this opinion.” Ibid. The trust before us came into existence in 1978 and therefore is not governed by that decision.14 Instead, the trust is controlled by the case law prior to Sullivan v. Burkin, which placed the assets of an inter vivas trust beyond the reach of a spousal claim under G. L. c. 191, § 15, even when the deceased spouse had created the trust and alone had retained dispositive power over the trust assets. See id. at 870-871, and authorities cited.
Nevertheless, because the issue of the applicability of Sullivan v. Burkin, based on Jean’s extensive control over the disposition of the trust property15 has been fully briefed, we make the following observations. Sullivan v. Burkin indicated that “[tjhere may be a different rule if some or all of the trust assets were conveyed to such a trust by a third person.” Id. [58]*58at 873, citing Theodore v. Theodore, 356 Mass. 297, 299-300 (1969) (wife could not claim shares in trusts created by her husband who, although he had named himself as trustee, retaining control during his lifetime with full powers to revoke, amend, or alter the trusts, had not transferred or conveyed any of his property to the trusts, but was administering property placed in those trusts by others). The court also recognized that a “general power of appointment over assets in a trust created by a third person is said to present a different situation.” Sullivan v. Burkin, supra at 873, citing a then-draft provision in the Restatement (Second) of Property: Donative Transfers, which now reads:
“Appointive assets are treated as owned assets of a deceased donee in determining the rights of a surviving spouse in the owned assets of the donee if the deceased spouse was both the donor and donee of a general power of appointment that was exercisable by the donee alone, unless the controlling statute provides otherwise.”
Restatement (Second) of Property: Donative Transfers § 13.7 (1984).16
Perhaps militating against following the direction of the Restatement signaled by Sullivan v. Burkin with respect to trusts created by a third party are the cases permitting such trusts to be considered part of the marital estate and subject to equitable division under G. L. c. 208, § 34. See Lauricella v. Lauricella, 409 Mass. 211, 213-217 (1991); Comins v. Comins, 33 Mass. App. Ct. 28, 30-31 (1992). See also Ruml v. Ruml, 50 Mass. App. Ct. 500, 511-512 (2000). There is considerable force to the view that a person who remains married until the death of his or her spouse should have similar access to the assets of a trust controlled by that spouse as would be extended to [59]*59that person had he or she become divorced from that spouse.17 See Sullivan v. Burkin, supra at 872.
5. The bank account. The plaintiff also sought an order that a bank savings account which Jean maintained in the name of “JEAN A BONGAARDS ATE [as trustee for] NINA MILLEN”18 be included as property subject to his spousal claim. He asserted below that Jean had sole dominion and control of the account before her death, and that the principle of Sullivan v. Burkin therefore is applicable to the account.
The record supports the conclusion that the account in its trust form was established after the decision in Sullivan v. Burkin. It is not disputed that Jean informed Nina of the account’s existence, and before her death directed the bank to send statements to Nina.19 As correctly determined by the judge, and essentially conceded by the plaintiff, those facts establish the existence of a valid bank account trust. That determination, while material to the respective rights of Jean’s estate and Nina Millen, see Mikshis v. Palionis, 345 Mass. 316, 318 (1963), [60]*60does not squarely address the plaintiff’s spousal claim.
There is no contention that Jean’s power, during her lifetime, with respect to her use of the account, was limited by any trust document, bank rule, statute or regulation. Compare Cohen v. Newton Sav. Bank, 320 Mass. at 91 (depositor signed card agreeing to bylaws and rules of bank and wrote further directions on back of card). Consequently, Jean as depositor/trustee had the power to withdraw the funds and thereby revoke the trust at any time prior to her death. See Burns v. Paquin, 345 Mass. 329, 332 (1963) (“The ordinary consequence of a [withdrawal and transfer] of the trust account. . . would be to revoke the trust”); Annino, Estate Planning § 13.4 (2d ed. 1997 & Supp. 2001); Alperin & Shubow, Summary of Basic Law § 21.14 (3d ed. 1996) (“A savings bank trust is revocable by the depositor at any time during his life... if the depositor changes the form of the account, withdraws the money on deposit, or makes a will leaving the account to someone other than the trust beneficiary . . .” [footnotes omitted]). See also G. L. c. 167D, § 6 (note 18, supra), which essentially shields the bank from liability for payment of the account to the trust beneficiary following the death of the trustee but which also may be read as permitting withdrawal of part or all of the account by the trustee. In light of the implicitly reserved power of Jean over the account, including the power to revoke and to use the funds in the account for her own benefit, the principle of Sullivan v. Burkin applies and the account is subject to the plaintiff’s spousal claim under G. L. c. 191, § 15.
Conclusion. So much of the judgment of the Probate and Family Court as, in effect, declares that the real estate in issue is not part of the estate of Jean Bongaards is affirmed. So much of the judgment of the Probate and Family Court as, in effect, declares that the bank account in issue is not part of the estate of Jean Bongaards is reversed. Judgment is to enter declaring that the account is to be treated as part of the estate of Jean [61]*61Bongaards for purposes of the plaintiff’s spousal claim under G. L. c. 191, § 15.20
So ordered.