(a) Requirements.-- A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust; (3) the trust has a definite beneficiary or is: (i) a charitable trust; (ii) a trust for the care of an animal, as provided in section 7738 (relating to trust for care of animal - UTC 408); or (iii) a trust for a noncharitable purpose, as provided in section 7739 (relating to noncharitable trust without ascertainable beneficiary - UTC 409); (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary of the trust. (b) (Reserved). (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). (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. (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.
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