{"data":{"id":"us-pa/20-pa.c.s.-7732","jurisdiction":"us-pa","citation":"20 Pa.C.S. § 7732","heading":"Requirements for creation - UTC 402.","body":"(a) Requirements.--A trust is created only if:\n(1) the settlor has capacity to create a trust;\n(2) the settlor signs a writing that indicates an intention to create the trust and contains provisions of 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 section 7738 (relating to trust for care of animal - UTC 408); or\n(iii) a trust for a noncharitable purpose, as provided in section 7739 (relating to noncharitable trust without ascertainable beneficiary - UTC 409);\n(4) the trustee has duties to perform; and\n(5) the same person is not the sole trustee and sole beneficiary of the trust.\n(b) (Reserved).\n(b.1) Signature by mark or another.--A trust instrument other than a will may be signed by mark or by a person other than the settlor on behalf of and at the direction of the settlor in the same manner as a power of attorney under Chapter 56 (relating to powers of attorney).\n(c) Power to select beneficiary from indefinite class.--A power in a trustee to select a beneficiary from an indefinite class is valid. If the power with respect to a noncharitable trust 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) Definition.--As used in this section, the term \"definite beneficiary\" means a beneficiary that can be ascertained now or in the future, subject to any applicable rule against perpetuities.","path":["Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES","CHAPTER 77 TRUSTS","SUBCHAPTER D CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST"],"source_url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM\u0026ttl=20\u0026div=0\u0026chpt=77\u0026sctn=32\u0026subsctn=0","current_through":"2026-03-18 (Statute Update stamp, 20 Pa.C.S.)","vintage":"","retrieved_at":"2026-09-02T16:31:33Z","sha256":"a7dc39f552e972a60386e3973155a174de53d165f8f7b1cc8a92658068d3a7c5","source_id":"us-pa","stale":false,"prev":"us-pa/20-pa.c.s.-7731","next":"us-pa/20-pa.c.s.-7733"},"notice":"GroundRules: Original legal text. Not legal advice."}