(UTC 402) (a) A trust is created only if: (1) the settlor has capacity to create a trust and meets one of the following requirements: (A) the settlor is eighteen years of age or older; or (B) the settlor is not a minor; (2) the settlor indicates an intention to create the trust; (3) the trust has a definite beneficiary or is: (A) a charitable trust; (B) a trust for the care of an animal, as provided in section 30-3834; or (C) a trust for a noncharitable purpose, as provided in section 30-3835; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary. (b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities. (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.
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