456.021. Addition to trusts.
Addition to trusts.
456.021. A devise or other transfer, the validity of which isdeterminable by the law of this state, may be made by a will or otherinstrument of transfer, including a designation of beneficiary under a lifeinsurance policy, to the trustee or trustees of a trust established or tobe established by the testator or transferor or by the testator ortransferor and some other person or persons or by some other person orpersons, including a funded or unfunded life insurance trust, although thesettlor thereof has reserved any or all rights of ownership of theinsurance contracts, if the trust is identified in the testator's will orthe instrument of transfer and its terms are set forth in a writteninstrument. The devise or transfer shall not be invalid because the trustis amendable or revocable, or both, or because the trust was amended afterthe execution of the will, the delivery of the instrument of transfer, orthe death of the testator. Notwithstanding whether a devise or transfer ismade before or after August 28, 1996, a devise or transfer is valid if thedevise or transfer is made only to the name of the trust or if the deviseor transfer is made to the name or names of the trustee or trustees as thetrustee or trustees of the trust. Unless the testator's will or theinstrument of transfer provides otherwise, the property so devised:
(1) Shall not be deemed to be held under a testamentary trust of thetestator or transferor but shall become a part of the trust to which it isgiven; and
(2) Shall be administered and disposed of in accordance with theprovisions of the instrument or will setting forth the terms of the trust,including any amendments thereto made before the death of the testator ortransferor, regardless of whether made before or after the execution of thetestator's will or the delivery of the instrument of transfer, and, if thetestator's will or the instrument of transfer so provides, including anyamendments to the trust made after the death of the testator or transferor.A revocation or termination of the trust before the death of the testatorshall cause a devise to the trustees of that trust to lapse.
(L. 1983 H.B. 117, A.L. 1996 H.B. 941, A.L. 2004 H.B. 1511)*Transferred 2004; formerly 456.232