Section 700.7402 - Creating trust; requirements(1) A trust is created only if all of the following apply: (a) The settlor has capacity to create a trust.(b) The settlor indicates an intention to create the trust.(c) The trust has a definite beneficiary or is either of the following: (ii) A trust for a noncharitable purpose under section 7409 or a trust for the care of an animal under section 7408.(d) The trustee has duties to perform.(e) The same person is not the sole trustee and sole beneficiary.(2) A trust beneficiary is definite if the trust beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.(3) A power in a trustee to select a trust beneficiary from an indefinite class is valid only in a charitable trust.Amended by 2024, Act 1,s 32, eff. 2/21/2024.Amended by 2009, Act 46,s 66 , eff. 4/1/2010.1998, Act 386, Eff. 4/1/2000.