A trust can be created under Mississippi law if:
(1) The settlor has capacity to create a trust;
(2) The settlor indicates an intention to create the trust;
(3) The trust has a definite beneficiary or is:
(A) A charitable trust;
(B) A trust for the care of an animal, as provided in Section 91-8-408; or
(C) A trust for a noncharitable purpose, as provided in Section 91-8-409;
(4) The trustee has duties to perform; and
(5) The same person is not the sole trustee and sole beneficiary.