Mississippi · Snapshot Mississippi Code Release 78 (2020-07), retrieved 2026-09-17

Miss. Code Ann. § 91-8-401: Methods of creating trust.

A trust may be created by:
(1) Transfer of property to another person as trustee or a transfer in the name of the trust during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death;
(2) Declaration by the owner of property that the owner holds identifiable property as trustee;
(3) Exercise of a power of appointment in favor of a trustee;
(4) A court pursuant to its statutory or equitable powers; or
(5) By an agent or attorney-in-fact under a power of attorney that:
(A) Expressly grants authority to create the trust; or
(B) Grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal’s property that is as broad or comprehensive as the principal could exercise for himself or herself and that does not expressly exclude the authority to create a trust. An agent or attorney-in-fact may file a petition for the court to determine whether a power of attorney described in this section grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself.

Where this section sits in the code

Title 91. Trusts and Estates
Chapter 8. Mississippi Uniform Trust Code
Article 4. Creation, validity, modification, and termination of trust.

A trust may be created by:

(1) Transfer of property to another person as trustee or a transfer in the name of the trust during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death;

(2) Declaration by the owner of property that the owner holds identifiable property as trustee;

(3) Exercise of a power of appointment in favor of a trustee;

(4) A court pursuant to its statutory or equitable powers; or

(5) By an agent or attorney-in-fact under a power of attorney that:

(A) Expressly grants authority to create the trust; or

(B) Grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal’s property that is as broad or comprehensive as the principal could exercise for himself or herself and that does not expressly exclude the authority to create a trust. An agent or attorney-in-fact may file a petition for the court to determine whether a power of attorney described in this section grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself.

Collected 2026-10-27T05:54:53Z. Source file · JSON

Compilation CC BY 4.0, Open US Law (Vaquill AI). GroundRules uses only the releases published under CC BY 4.0: from v2026.09 the compilation is licensed CC BY-NC 4.0, and GroundRules does not use those releases. Each affected row names its release in its vintage label. GroundRules parsed and filtered the compilation to retain enacted text. Source · License

Mississippi electronic product files were republished by Public.Resource.Org under a public-domain dedication. GroundRules uses enacted text from Release 78 only as a labeled supplement to the newer Open US Law rows. Source

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