72-33-206. Designation of beneficiary. (1) A trust, other than a charitable trust, is created only if there is a beneficiary.
(2) The requirement of subsection (1) is satisfied if the trust instrument provides for either of the following:
(a) a beneficiary or class of beneficiaries that is ascertainable with reasonable certainty or that is sufficiently described so it can be determined that some person meets the description or is within the class; or
(b) a grant of power to the trustee or some other person to select the beneficiaries based on a standard or in the discretion of the trustee or other person.
History: En. Sec. 14, Ch. 685, L. 1989.