Miss. Code Ann. § 91-9-501: Definitions.

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) “Trust” means the following:

(i) An express trust, private or charitable, with additions thereto, wherever and however created; or

(ii) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.

(b) “Trust” excludes the following:

(i) Constructive trusts, other than those described in paragraph (a)(ii) of this section, and resulting trusts;

(ii) Guardianships and conservatorships;

(iii) Executors and administrators of decedent’s estates;

(iv) Totten trust accounts;

(v) Custodial arrangements pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act of any state;

(vi) Business trusts that are taxed as partnerships or corporations;

(vii) Investment trusts subject to regulation under the laws of this state or any other jurisdiction;

(viii) Common trust funds;

(ix) Voting trusts;

(x) Security arrangements;

(xi) Transfers in trust for purpose of suit or enforcement of a claim of right;

(xii) Liquidation trusts; or

(xiii) Any arrangement under which a person is nominee or escrowee for another.

(c) “Trustee” means an original, additional, or successor trustee, whether or not appointed or confirmed by a court.

(d) “Trust instrument” means a written instrument which creates, defines or determines a trust, including, but not limited to, a last will and testament of a decedent.