Mississippi Code
Article 4 - Creation, validity, modification, and termination of trust
§ 91-8-402. Requirements for creation

A trust is created only if:
A charitable trust;
A trust for the care of an animal, as provided in Section 91-8-408; or
A trust for a noncharitable purpose, as provided in Section 91-8-409;
A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.
A power in a trustee to select a beneficiary from an indefinite class is valid. If the power is not exercised within a reasonable time, the power fails and the property subject to the power passes to the persons who would have taken the property had the power not been conferred.
A settlor is deemed to have the capacity to create a trust if:
The trust is created by an agent of the settlor under a power of attorney as described in Section 91-8-401(5); and
The settlor had capacity to create a trust at the time the power of attorney was executed.

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