D.C. Code § 19-1304.02: 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 section 19-1304.08; or

(C)

A trust for a noncharitable purpose, as provided in section 19-1304.09;

(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.