Trust Must Be Valid
The trust must be valid under the laws of the state in which it is created.
Must Be Irrevocable Or Will Become Irrevocable
The trust must be irrevocable or will become irrevocable by its terms upon the death of the participant.
Beneficiaries Of Trust Must Be Identifiable
The beneficiaries of the trust must be identifiable from the trust instrument. For example, if later born beneficiaries can not be identified or are uncertain, this requirement will not be met.
All Trust Beneficiaries Must Be Individuals
All trust beneficiaries must be individuals. The trust can not have charitable beneficiaries or another trust as a beneficiary.
Documentation Must Be Provided To Plan Administrator
Certain documentation must be provided to the plan administrator.