Iowa Code » Chapter 633A — IOWA TRUST CODE
Iowa Code

Iowa Code § 633A.2102 (2026)

Requirements for validity

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. A trust is created only if all of the following elements are satisfied:

a. The settlor was competent and indicated an intention to create a trust.

b. The same person is not the sole trustee and sole beneficiary.

c. The trust has a definite beneficiary or a beneficiary who will be definitely ascertained within the period of the applicable rule against perpetuities, unless the trust is a charitable trust, an honorary trust, or a trust for pets.

d. The trustee has duties to perform.

2. 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 passes to the person or persons who would have taken the property had the power not been conferred.

3. A trust is not merged or invalid because a person, including but not limited to the settlor of the trust, is or may become the sole trustee and the sole holder of the present beneficial interest in the trust, provided that one or more other persons hold a beneficial interest in the trust, whether such interest be vested or contingent, present or future, and whether created by express provision of the instrument or as a result of reversion to the settlor’s estate. 99 Acts, ch 125, §9, 109 C2001, §633.2102\n\nTue Dec 09 21:58:51 2025 Iowa Code 2026, Chapter 633A (54, 0) §633A.2102, IOWA TRUST CODE 8\n\n 2002 Acts, ch 1107, §2; 2003 Acts, ch 95, §9; 2005 Acts, ch 38, §54 CS2005, §633A.2102 Referred to in §726.25 \n

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: In the Matter of the Trust of Kyle Mark Hane (Iowa Ct. App. 2024).
Sort: Relevance Newest Treatment
Locher & Davis, PLC v. Ruth F. Woller Revocable Trust (Iowa Ct. App. 2024). · cites it 2× “, Iowa Code §§ 633A.2102(1)(b) (instructing the same person cannot be both “the sole trustee and sole beneficiary”); 633A.”
In the Matter of the Trust of Kyle Mark Hane (Iowa Ct. App. 2024). · cites it 2× “If we were able to conduct a typical review, our first question would be: is there even a trust in place? See Iowa Code § 633A.2102 (setting forth the elements required to create a valid trust).”
Iowa Code § 633A.2102(1)(b): 1 case
Locher & Davis, PLC v. Ruth F. Woller Revocable Trust (Iowa Ct. App. 2024). “, Iowa Code §§ 633A.2102(1)(b) (instructing the same person cannot be both “the sole trustee and sole beneficiary”); 633A.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.