{"data":{"id":"us-nh/rsa-564-b-4-402","jurisdiction":"us-nh","citation":"RSA 564-B:4-402","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 RSA 564-B:4-408; or\n(C) a trust for a noncharitable purpose, as provided in RSA 564-B:4-409;\n(4) the trustee has duties to perform; and\n(5) the same person is not the sole trustee, the sole current beneficiary and the sole remainder 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.","path":["Title LVI: PROBATE COURTS AND DECEDENTS' ESTATES","Chapter ARTICLE 4: CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST"],"source_url":"https://gc.nh.gov/rsa/html/LVI/564-B/564-B-4-402.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T17:07:35Z","sha256":"ea5206ca350d11402399fc4d6c77366799966bf3350622b979b4e875fb862734","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-564-b-4-401","next":"us-nh/rsa-564-b-4-402a"},"notice":"GroundRules: Original legal text. Not legal advice."}