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Neb. Rev. Stat. § 30-3828

(UTC 402) Requirements for creation

Applied in 1 court decision — leading case Welch v. Crow (2009)

Most recently applied in Welch v. Crow (March 2009)

Laws 2003, LB 130, § 28; Laws 2024, LB1195, § 8.

(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.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.