Except as otherwise provided in § 28-73-408 or by another statute, the following rules apply:
(1) a trust may be created for a noncharitable purpose without a definite or definitely ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by the trustee. The trust may not be enforced for more than twenty-one (21) years;
(2) a trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by a court; and
(3) property of a trust authorized by this section may be applied only to its intended use, except to the extent a court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 73 - Arkansas Trust Code
Subchapter 4 - Creation, Validity, Modification, and Termination of Trust
§ 28-73-401. Methods of creating trust
§ 28-73-402. Requirements for creation
§ 28-73-403. Trusts created in other jurisdictions
§ 28-73-405. Charitable purposes — Enforcement
§ 28-73-406. Creation of trust induced by fraud, duress, or undue influence
§ 28-73-407. Evidence of oral trust
§ 28-73-408. Trust for care of animal
§ 28-73-409. Noncharitable trust without ascertainable beneficiary
§ 28-73-410. Modification or termination of trust — Proceedings for approval or disapproval
§ 28-73-411. Modification or termination of noncharitable irrevocable trust by consent
§ 28-73-414. Modification or termination of uneconomic trust
§ 28-73-415. Reformation to correct mistakes
§ 28-73-416. Modification to achieve settlor's tax objectives