Mass. General Laws c.203E § 402

Requirements for creation

This is an unofficial version of a Massachusetts General Law.

Section 402

(a)

A trust shall be created only if:

• (1) the settlor has capacity to create a trust;
• (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 408; or
  • (C) a trust for a non-charitable purpose, as provided in section 409;
• (4) the trustee has duties to perform; and
• (5) the same person is not the sole trustee and sole beneficiary.

(b)

A beneficiary shall be 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 shall be valid. If the power is not exercised within a reasonable time, the power shall fail and the property subject to the power shall pass to the persons who would have taken the property had the power not been conferred.