{"data":{"id":"us-dc/d.c.-code-19-1304.02","jurisdiction":"us-dc","citation":"D.C. Code § 19-1304.02","heading":"Requirements for creation.","body":"(a)\nA trust is created only if:\n(1)\nThe settlor has capacity to create a trust;\n(2)\nThe settlor indicates an intention to create the trust;\n(3)\nThe trust has a definite beneficiary or is:\n(A)\nA charitable trust;\n(B)\nA trust for the care of an animal, as provided in section 19-1304.08; or\n(C)\nA trust for a noncharitable purpose, as provided in section 19-1304.09;\n(4)\nThe trustee has duties to perform; and\n(5)\nThe same person is not the sole trustee and sole beneficiary.\n\n(b)\nA beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.\n\n(c)\nA 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.","path":["Title 19. Descent, Distribution, and Trusts. [Enacted title]","Chapter 13. Uniform Trust Code.","Subchapter IV. Creation, Validity, Modification, and Termination of Trust."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/19-1304.02","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"f0a92ba27a144fd7d01d48fdbb27acd2ee7a52c043ac0b4356957239e6f6a88d","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-19-1304.01","next":"us-dc/d.c.-code-19-1304.03"},"notice":"GroundRules: Original legal text. Not legal advice."}