{"data":{"id":"us-ut/utah-code-75b-2-402","jurisdiction":"us-ut","citation":"Utah Code § 75B-2-402","heading":"Requirements for creation.","body":"(1) A trust is created only if:\n(a) the settlor has capacity to create a trust, which standard of capacity shall be the same as for a person to create a will;\n(b) the settlor indicates an intention to create the trust or a statute, judgment, or decree authorizes the creation of a trust;\n(c) 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 75-2-1001; or\n(iii) a trust for a noncharitable purpose, as provided in Section 75-2-1001;\n(d) the trustee has duties to perform; and\n(e) the same person is not the sole trustee and sole beneficiary.\n(2) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.\n(3) 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 75B Trusts","Chapter 75B-2 Uniform Trust Code","Part 75B-2-4 Creation, Validity, Modification, and Termination of a Trust"],"source_url":"https://le.utah.gov/xcode/Title75B/Chapter2/75B-2-S402.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"8f5a7274277fd01d89313ceaf7ae54c8150a9cb56e33e480107f7c67ef38145a","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75b-2-401","next":"us-ut/utah-code-75b-2-403"},"notice":"GroundRules: Original legal text. Not legal advice."}