§ 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.
Notes of Decisions
Est. of Robert H. Agnew v. Ross, D., 152 A.3d 247 (Pa. 2017).
· cites it 2× “” 20 Pa.C.S. §7732(a)(2). Likewise, the Probate Code requires every will must be in writing and signed by the testator at the end of the will.”
In Re Est. of Stephano, 981 A.2d 138 (Pa. 2009).
· cites it 4× “20 Pa.C.S. § 7732. Importantly, trusts are "created only if the trustee has duties" towards third parties.”
Welch v. Crow, 2009 OK 20 (Okla. 2009).
· cites it 2× “155 (2009); 20 Pa. Cons.Stat. Ann. § 7732 (2009); Tenn.”
In Re: Passarelli Fam. Trust (Pa. Super. Ct. 2017).
“20 Pa.C.S. § 7732(a). These requirements were met in the creation of the irrevocable trust at issue, and neither party disputes these facts.”
H. Becker v. DEP (Pa. Commw. Ct. 2017).
“We determined that because Becker was the sole beneficiary and trustee of that purported trust, he did not create a valid trust pursuant to Section 7732(a)(5) of the Uniform Trust Act, 20 Pa.C.S. § 7732(a)(5), and could represent the purported “trust” pro se.”
Est. & Trust of Edward E. Clawson (Pa. Super. Ct. 2020).
“Disregarding the text of a trust agreement invites fraud, which the statutory requirements that a trust be written and signed by the trustor, see 20 Pa.C.S. §§ 7732, 7737, seek to prevent.”
— 20 Pa. Cons. Stat. § 7732(a) — 2 cases
In Re: Passarelli Fam. Trust (Pa. Super. Ct. 2017).
“20 Pa.C.S. § 7732(a). These requirements were met in the creation of the irrevocable trust at issue, and neither party disputes these facts.”
— 20 Pa. Cons. Stat. § 7732(a)(2) — 3 cases
Est. of Robert H. Agnew v. Ross, D., 152 A.3d 247 (Pa. 2017).
“” 20 Pa.C.S. §7732(a)(2). Likewise, the Probate Code requires every will must be in writing and signed by the testator at the end of the will.”
— 20 Pa. Cons. Stat. § 7732(a)(4) — 1 case
— 20 Pa. Cons. Stat. § 7732(a)(5) — 3 cases
H. Becker v. DEP (Pa. Commw. Ct. 2017).
“We determined that because Becker was the sole beneficiary and trustee of that purported trust, he did not create a valid trust pursuant to Section 7732(a)(5) of the Uniform Trust Act, 20 Pa.C.S. § 7732(a)(5), and could represent the purported “trust” pro se.”
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