Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
529.02 CUSTODIAL TRUST; GENERAL.
(a) A person may create a custodial trust of property by a written transfer of the property to
another person, evidenced by registration or by other instrument of transfer, executed in any lawful
manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is
designated, in substance, as custodial trustee under the Minnesota Uniform Custodial Trust Act.
(b) A person may create a custodial trust of property by a written declaration, evidenced by
registration of the property or by other instrument of declaration executed in any lawful manner,
describing the property and naming as beneficiary an individual other than the declarant, in which
the declarant as title holder is designated, in substance, as custodial trustee under the Minnesota
Uniform Custodial Trust Act. A registration or other declaration of trust for the sole benefit of the
declarant is not a custodial trust under sections 529.01 to 529.19.
(c) Title to custodial trust property is in the custodial trustee and the beneficial interest
is in the beneficiary.
(d) Except as provided in subsection (e), a transferor may not terminate a custodial trust.
(e) The beneficiary, if not incapacitated, or the holder of the beneficiary's power of attorney,
may terminate a custodial trust by delivering to the custodial trustee a writing signed by the
beneficiary or holder of the beneficiary's power of attorney declaring the termination. If not
previously terminated, the custodial trust terminates on the death of the beneficiary.
(f) Any person may augment existing custodial trust property by the addition of other
property pursuant to sections 529.01 to 529.19.
(g) The transferor may designate, or authorize the designation of, a successor custodial
trustee in the trust instrument.
(h) Sections 529.01 to 529.19 do not displace or restrict other means of creating trusts. A
trust whose terms do not conform to sections 529.01 to 529.19 may be enforceable according to
its terms under other law.
History: 1990 c 476 s 2
(a) A person may create a custodial trust of property by a written transfer of the property to
another person, evidenced by registration or by other instrument of transfer, executed in any lawful
manner, naming as beneficiary, an individual who may be the transferor, in which the transferee is
designated, in substance, as custodial trustee under the Minnesota Uniform Custodial Trust Act.
(b) A person may create a custodial trust of property by a written declaration, evidenced by
registration of the property or by other instrument of declaration executed in any lawful manner,
describing the property and naming as beneficiary an individual other than the declarant, in which
the declarant as title holder is designated, in substance, as custodial trustee under the Minnesota
Uniform Custodial Trust Act. A registration or other declaration of trust for the sole benefit of the
declarant is not a custodial trust under sections 529.01 to 529.19.
(c) Title to custodial trust property is in the custodial trustee and the beneficial interest
is in the beneficiary.
(d) Except as provided in subsection (e), a transferor may not terminate a custodial trust.
(e) The beneficiary, if not incapacitated, or the holder of the beneficiary's power of attorney,
may terminate a custodial trust by delivering to the custodial trustee a writing signed by the
beneficiary or holder of the beneficiary's power of attorney declaring the termination. If not
previously terminated, the custodial trust terminates on the death of the beneficiary.
(f) Any person may augment existing custodial trust property by the addition of other
property pursuant to sections 529.01 to 529.19.
(g) The transferor may designate, or authorize the designation of, a successor custodial
trustee in the trust instrument.
(h) Sections 529.01 to 529.19 do not displace or restrict other means of creating trusts. A
trust whose terms do not conform to sections 529.01 to 529.19 may be enforceable according to
its terms under other law.
History: 1990 c 476 s 2
Official Publication of the State of Minnesota
Revisor of Statutes