{"data":{"id":"us-mo/mo.-rev.-stat.-456.4-402","jurisdiction":"us-mo","citation":"Mo. Rev. Stat. § 456.4-402","heading":"Requirements for creation.","body":"1. Other than for a trust created by section 475.092, 475.093, or 511.030, or 42 U.S.C. Section 1396p(d)(4), 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 456.4-408; or\n(c) a trust for a noncharitable purpose, as provided in section 456.4-409;\n(4) the trustee has duties to perform; and\n(5) the same person is not the sole trustee and sole beneficiary.\n2. A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.\n3. 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, 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 XXXI - TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY","Chapter 456 - Trusts and Trustees — The Uniform Trust Code"],"source_url":"https://revisor.mo.gov/main/OneSection.aspx?section=456.4-402","current_through":"2026 legislative session (floor)","vintage":"","retrieved_at":"2026-09-03T22:23:28Z","sha256":"daefde677e9a90679281d67815c47afb0099cd78ecdb9d6ddcc10840031be837","source_id":"us-mo","stale":false,"prev":"us-mo/mo.-rev.-stat.-456.4-401","next":"us-mo/mo.-rev.-stat.-456.4-403"},"notice":"GroundRules: Original legal text. Not legal advice."}