Except as otherwise provided in ยง 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.
Section: Previous 28-73-402 28-73-403 28-73-404 28-73-405 28-73-406 28-73-407 28-73-408 28-73-409 28-73-410 28-73-411 28-73-412 28-73-413 28-73-414 28-73-415 28-73-416 NextLast modified: November 15, 2016