M Civ JI 179.03 Trust Contests: Creation of a Trust

A trust is created only if all of the following apply:

(a) the settlor had capacity to create a trust, and

(b) the settlor indicated an intention to create the trust, and

(c) [ the trust beneficiary can be ascertained now or in the future / the trust is either a charitable trust or a trust for a noncharitable purpose or for the care of an animal ], and

(d) the trustee has duties to perform, and

(e) the same person is not the sole trustee and sole beneficiary of all beneficial interests.

Note on Use

Use only the portion of the bracketed language that applies.

Comment

MCL 700.7402; Restatement Trusts, 3rd, §69; Restatement Trusts, 2d, §341.

History

M Civ JI 179.03 was added June 2011.​