Neb. Rev. Stat. » Chapter 30
Nebraska Revised Statutes

Neb. Rev. Stat. § 30-3828 (2026)

(UTC 402) Requirements for creation

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(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.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2009–2026 · leading case: In re William R. Zutavern Revocable Trust, 309 Neb. 542 (Neb. 2021).
Sort: Relevance Newest Treatment
In re William R. Zutavern Revocable Trust, 309 Neb. 542 (Neb. 2021). · cites it 2× “19 § 30-3828(a)(3). 20 See In re Estate of West, 252 Neb.”
Welch v. Crow, 2009 OK 20 (Okla. 2009). “4-402 (2009); Neb.Rev.Stat. Ann. § 30-3828 (2009) N.H.Rev.”
Nerud v. Schuler (Neb. Ct. App. 2026). · cites it 2× “In this case, neither party contests the validity of the trusts created by Mary Louise or Darrell or that the trustees of those trusts were required to administer the assets funded within the trusts, including shares in SOR, in accordance with the terms set forth in the…”
— Neb. Rev. Stat. § 30-3828(a)(3) — 1 case
In re William R. Zutavern Revocable Trust, 309 Neb. 542 (Neb. 2021). “19 § 30-3828(a)(3). 20 See In re Estate of West, 252 Neb.”
— Neb. Rev. Stat. § 30-3828(b) — 1 case
In re William R. Zutavern Revocable Trust, 309 Neb. 542 (Neb. 2021). “19 § 30-3828(a)(3). 20 See In re Estate of West, 252 Neb.”
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.