Section 402 - Requirements for creation(a) A trust is 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:(B) a trust for the care of an animal, as provided in section 408 of this title; or(C) a trust for a noncharitable purpose, as provided in section 409 of this title;(4) the trustee has duties to perform; and(5) the same person is not the sole trustee and sole beneficiary of all beneficial interests.(b) A settlor is deemed to have the capacity to create a trust if:(1) the trust is created by an agent of the settlor under a power of attorney as described in subdivision 401(5) of this title; and(2) the settlor had capacity to create a trust at the time the power of attorney was executed.(c) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.(d) 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.Added 2009 , No. 20, § 1; amended 2009 , No. 92 (Adj. Sess.), § 6.