Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY Chapter 456 • Effective - 28 Aug 2006, 2 histories 456.4-402. Requirements for creation. — 1. Other than for a trust created by section 475.092, 475.093, or 511.030, or 42 U.S.C. Section 1396p(d)(4), 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 section 456.4-408; or (c) a trust for a noncharitable purpose, as provided in section 456.4-409; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary. 2. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. 3. 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. -------- (L. 2004 H.B. ised 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. -------- (L. 2004 H.B. 1511, A.L. 2006 S.B. 892)
Missouri Legal Code