Iowa Trust Code. § 633.2102 (Thomson West 2003).
Requirements for validity
1. A trust is created only if all of the following
elements are satisfied:
a. The settlor
was competent and indicated an intention to create a
trust.
b. The same
person is not the sole trustee and the sole
beneficiary.
c. Unless the
trust is a charitable trust, an honorary trust, or a
trust for the care of an animal, the trust has a
definite beneficiary or a beneficiary who will be
definitely ascertained within the period of the
applicable rule against perpetuities.
2. A definite or definitely ascertainable
beneficiary includes a beneficiary or class of
beneficiaries designated under a power to select the
beneficiaries granted by the terms of the trust to the
trustee or another person.
* * *
Iowa Trust Code § 633.2105 (Thomson West 2003).
Honorary trusts - trusts for pets
1. A trust for a lawful noncharitable purpose for
which there is no definite or definitely ascertainable
beneficiary is valid but may be performed by the
trustee for only twenty-one years, whether or not the
terms of the trust contemplate a longer duration.
2. A trust for the care of an animal living at the
settlor’s death is valid. The trust terminates when
no living animal is covered by its terms.
3. A portion of the property of a trust authorized
by this section shall not be converted to any use
other than its intended use unless the terms of the
trust so provide or the court determines that the
value of the trust property substantially exceeds the
amount required.
4. The intended use of a trust authorized by this
section may be enforced by a person designated for
that purpose in the terms of the trust or, if none, by
a person appointed by the court.
Added by Acts 1999 (78 G.A.) ch. 125, §12, eff. July
1, 2000. |