Version a
Capacity of settlor
Note: This version of section effective until 1-1-2006. See also
following version of this section, effective 1-1-2006.
Sec. 10. (Capacity of Settlor)
(a) If a trust is created by a declaration by the owner of property
that he holds it in trust, his capacity must be the same as if the trust
were created by a transfer to a third person.
(b) If the trust is created by a transfer of property in trust, the
transferor must have the same capacity as if he had made a non-trust
transfer of the property.
(c) If the trust is created by a will, the settlor's capacity is
determined by the applicable probate law.
(Formerly: Acts 1971, P.L.416, SEC.3.)
Last modified: May 27, 2006