Requirements for creation

HRS §554D-402, under Chapter 554D.

HRS §554D-402

[§554D-402] Requirements for creation. (a) A trust is created only if:

(b) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any applicable rule against perpetuities.

(c) A power in a trustee, or in another person under the terms of the trust, 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.

(d) Notwithstanding subsection (a)(1), a trust created by an agent under power of attorney is valid if: