# Estates and Trusts (GET)

## Title 14.5. Maryland Trust Act

### Subtitle 4. Creation, Validity, Modification, and Termination of Trust

#### Section 14.5-402

(a) A trust is created only if:

  (1) The settlor has capacity to create a trust;

  (2) The settlor indicates an intention to create 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 Sec. 14.5-407 of this subtitle; or

    (iii) A trust for a noncharitable purpose, as provided in Sec. 14.5-408 of this subtitle; and

  (4) The trustee has duties to perform.

(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

(c)

  (1) A power in a trustee or in another person under the terms of the trust to select a beneficiary from an indefinite class is valid.

  (2) If the power described in paragraph (1) of this subsection is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons that would have taken the property had the power not been conferred.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)