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