§ 28-73-402 — Requirements for creation

(a) A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary or is: (A) a charitable trust; (B) a trust for the care of an animal, as provided in § 28-73-408 ; or (C) a trust for a noncharitable purpose, as provided in § 28-73-409 ; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary. (b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. (c) A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred. (d) Notwithstanding subdivision (a)(1) of this section, a trust created by an agent under a power of attorney is valid if the: (1) trust is created by an agent under a power of attorney executed by the settlor as described in § 28-73-401(4) ; and (2) settlor had the capacity to create a trust at the time he or she executed the power of attorney.

Legislative History

Amended by Act 2021, No. 804,§ 4, eff. 7/28/2021. Acts 2005, No. 1031, § 1.