{"data":{"id":"us-al/ala.-code-19-3b-402","jurisdiction":"us-al","citation":"Ala. Code § 19-3B-402","heading":"Requirements for Creation.","body":"(a) A trust is created only if:\n(1) the settlor has capacity to create a trust;\n(2) the settlor indicates an intention to create the trust;\n(3) the trust has a definite beneficiary or is:\n(A) a charitable trust;\n(B) a trust for the care of an animal, as provided in Section 19-3B-408; or\n(C) a trust for a noncharitable purpose, as provided in Section 19-3B-409;\n(4) the trustee has duties to perform; and\n(5) the same person is not the sole trustee and sole beneficiary.\n(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.\n(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, then 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.","path":["Title 19 Fiduciaries and Trusts.","Chapter 3B Alabama Uniform Trust Code."],"source_url":"https://alison.legislature.state.al.us/code-of-alabama?section=19-3B-402","current_through":"Act 2026-611","vintage":"","retrieved_at":"2026-09-03T14:01:52Z","sha256":"c33a3c6c80cd6644254b899fb39e3e7dee44524f6ff1af1ea110e95c70316dcf","source_id":"us-al","stale":false,"prev":"us-al/ala.-code-19-3b-401","next":"us-al/ala.-code-19-3b-403"},"notice":"GroundRules: Original legal text. Not legal advice."}