{"data":{"id":"us-az/a.r.s.-14-10402","jurisdiction":"us-az","citation":"A.R.S. § 14-10402","heading":"Requirements for creation","body":"A. Except as provided in section 14-5409, a trust is created only if all of the following are true:\n\n1. The settlor has capacity to create a trust.\n\n2. The settlor indicates an intention to create the trust.\n\n3. The trust has a definite beneficiary or is:\n\n(a) A charitable trust.\n\n(b) A trust for the care of an animal, as provided in section 14-10408.\n\n(c) A trust for a noncharitable purpose, as provided in section 14-10409.\n\n4. The trustee has duties to perform.\n\n5. The same person is not the sole trustee and sole beneficiary.\n\nB. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.\n\nC. A power in a trustee or other person 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.","path":["Title 14 Trusts, Estates and Protective Proceedings"],"source_url":"https://www.azleg.gov/ars/14/10402.htm","current_through":"57th Legislature, 2nd Regular Session (effective 2027-01-01); mirror section count 24991","vintage":"2026-09-15","retrieved_at":"2026-10-26T05:51:13Z","sha256":"7a4a5993fef9723ca7c714130488fff4bd79b68ef1bf51d7b1b875b16b3a7352","source_id":"us-az","stale":false,"prev":"us-az/a.r.s.-14-10401","next":"us-az/a.r.s.-14-10403"},"notice":"GroundRules: Original legal text. Not legal advice."}