2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
7732 - Requirements for creation - UTC 402.

     § 7732.  Requirements for creation - UTC 402.
        (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.

        Cross References.  Section 7732 is referred to in sections
     7705, 7731 of this title.