{"data":{"id":"us-ms/miss.-code-ann.-91-8-402","jurisdiction":"us-ms","citation":"Miss. Code Ann. § 91-8-402","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 91-8-408; or\n(C) A trust for a noncharitable purpose, as provided in Section 91-8-409;\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, 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.\n(d) A settlor is deemed to have the capacity to create a trust if:\n(1) The trust is created by an agent of the settlor under a power of attorney as described in Section 91-8-401(5); and\n(2) The settlor had capacity to create a trust at the time the power of attorney was executed.","path":["Title 91. Trusts and Estates","Chapter 8. Mississippi Uniform Trust Code","Article 4. Creation, validity, modification, and termination of trust."],"source_url":"https://archive.org/download/gov.ms.code.ann.2018/release78.2020.07.08/gov.ms.code.title.91.odt","current_through":"2020-07-08","vintage":"Mississippi Code Release 78 (2020-07), retrieved 2026-09-17","retrieved_at":"2026-10-27T05:54:53Z","sha256":"c4095626657316b46202407c0fb56c4f1efe8b093d47986f62bb9f77c0766c85","source_id":"us-ms","stale":false,"prev":"us-ms/miss.-code-ann.-91-8-401","next":"us-ms/miss.-code-ann.-91-8-403","notices":[{"id":"open-us-law","title":"Open US Law compilation","text":"Compilation CC BY 4.0, Open US Law (Vaquill AI). GroundRules uses only the releases published under CC BY 4.0: from v2026.09 the compilation is licensed CC BY-NC 4.0, and GroundRules does not use those releases. Each affected row names its release in its vintage label. GroundRules parsed and filtered the compilation to retain enacted text.","url":"https://huggingface.co/datasets/vaquill/open-us-law","license_url":"https://creativecommons.org/licenses/by/4.0/"},{"id":"pro-ms","title":"Mississippi Release 78 supplement","text":"Mississippi electronic product files were republished by Public.Resource.Org under a public-domain dedication. GroundRules uses enacted text from Release 78 only as a labeled supplement to the newer Open US Law rows.","url":"https://archive.org/details/gov.ms.code.ann.2018"}]},"notice":"GroundRules: Original legal text. Not legal advice."}