{"data":{"id":"us-md/md.-code-estates-and-trusts-14.5-402","jurisdiction":"us-md","citation":"Md. Code, Estates and Trusts § 14.5–402","heading":"","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(i) A charitable trust;\n(ii) A trust for the care of an animal, as provided in § 14.5–407 of this subtitle; or\n(iii) A trust for a noncharitable purpose, as provided in § 14.5–408 of this subtitle; and\n(4) The trustee has duties to perform.\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) (1) A power in a trustee or in another person under the terms of the trust to select a beneficiary from an indefinite class is valid.\n(2) If the power described in paragraph (1) of this subsection is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons that would have taken the property had the power not been conferred.","path":["Article - Estates and Trusts"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get\u0026section=14.5-402","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:07Z","sha256":"9893f08eede3f6d617792f4ba63d971b5010d9ac714c40cc8643393762beef46","source_id":"us-md","stale":false,"prev":"us-md/md.-code-estates-and-trusts-14.5-401","next":"us-md/md.-code-estates-and-trusts-14.5-403"},"notice":"GroundRules: Original legal text. Not legal advice."}