Section 1.55 Capacity of Settlor

• Library: Trusts and Powers 2013 Supp

XIV. (§1.55) Capacity of Settlor

To create a gratuitous inter vivos trust, the settlor must have the legal capacity to make an effective inter vivos gift of the property to become the trust estate. Restatement (Third) of Trusts § 11 (2003). Section 456.6-601, RSMo Supp. 2005, provides that the “capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.”

If the trust is created...