Section 18.30 Capacity to Create a Trust

• Library: Estate Administration 2014 Supp

IX. (§18.30) Capacity to Create a Trust

Section 456.4-402.1(1), RSMo Supp. 2008, of the Missouri Uniform Trust Code (MUTC), Chapter 456, RSMo, states that one requirement for the creation of a trust is the settlor’s capacity to do so. Section 456.6-601, RSMo Supp. 2008, of the MUTC definitively answers the long-standing question relating to the requisite mental capacity necessary to create a trust. In simple language, § 456.6-601 defines the capacity as “the same as that required to make a will.”

The...