Pennsylvania § 7732 Requirements for creation - UTC 402

Pennsylvania Statutes

§ 7732 — Requirements for creation - UTC 402

Pennsylvania § 7732

Title 20DECEDENTS, ESTATES AND FIDUCIARIES

Ch. 77TRUSTS

Subch.CREATION, VALIDITY, MODIFICATION

This text of Pennsylvania § 7732 (Requirements for creation - UTC 402) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

20 Pa. Cons. Stat. § 7732 (2026).

Text

(a)Requirements.--A trust is created only if:

(1)the settlor has capacity to create a trust;

(2)the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust;

(3)the trust has a definite beneficiary or is:

(i)a charitable trust;

(ii)a trust for the care of an animal, as provided in section 7738 (relating to trust for care of animal - UTC 408); or

(iii)a trust for a noncharitable purpose, as provided in section 7739 (relating to noncharitable trust without ascertainable beneficiary - UTC 409);

(4)the trustee has duties to perform; and

(5)the same person is not the sole trustee and sole beneficiary of the trust.

(b)(Reserved). (b.1) Signature by mark or another.--A trust instrument other than a will may be signed by mark

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Requirements.--A trust is created only if:

(1) the settlor has capacity to create a trust;

(2) the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust;

(3) the trust has a definite beneficiary or is:

(i) a charitable trust;

(ii) a trust for the care of an animal, as provided in section 7738 (relating to trust for care of animal - UTC 408); or

(iii) a trust for a noncharitable purpose, as provided in section 7739 (relating to noncharitable trust without ascertainable beneficiary - UTC 409);

(4) the trustee has duties to perform; and

(5) the same person is not the sole trustee and sole beneficiary of the trust.

(b) (Reserved).

(b.1) Signature by mark or another.--A trust instrument other than a will may be signed by mark or by a person other than the settlor on behalf of and at the direction of the settlor in the same manner as a power of attorney under Chapter 56 (relating to powers of attorney).

(c) Power to select beneficiary from indefinite class.--A power in a trustee to select a beneficiary from an indefinite class is valid. If the power with respect to a noncharitable trust 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) Definition.--As used in this section, the term "definite beneficiary" means a beneficiary that can be ascertained now or in the future, subject to any applicable rule against perpetuities.