Missouri enacted its version of the Uniform Trust Code, known as the Missouri Uniform Trust Code (MUTC) on January 1, 2005, and it is contained in Sections 456.101 RSMO to 456.11-1106 RSMO. To create a valid trust under the MUTC, Missouri law provides in part that a trust is created only if: (1) the grantor has capacity to create a trust; (2) the grantor 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 or (c) a trust for a non-charitable purpose; (4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary.
The MUTC sets forth the capacity requirement to create a trust which states that the capacity required to create, amend, revoke, or add property to a revocable trust, or to direct he actions of the trustee of a revocable trust, is the same as that required to make a will.
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