75-2-511 - Testamentary additions to trusts.
75-2-511. Testamentary additions to trusts.
(1) A will may validly devise property to the trustee of a trust established or to beestablished:
(a) during the testator's lifetime by the testator, by the testator and some other person, orby some other person, including a funded or unfunded life insurance trust, although the settlor hasreserved any or all rights of ownership of the insurance contracts; or
(b) at the testator's death by the testator's devise to the trustee, if the trust is identified inthe testator's will and its terms are set forth in a written instrument, other than a will, executedbefore, concurrently with, or after the execution of the testator's will or in another individual's willif that other individual has predeceased the testator, regardless of the existence, size, or characterof the corpus of the trust. The devise is not invalid because the trust is amendable or revocable,or because the trust was amended after the execution of the will or the testator's death.
(2) Unless the testator's will provides otherwise, property devised to a trust described inSubsection (1) is not held under a testamentary trust of the testator, but it becomes a part of thetrust to which it is devised, and shall be administered and disposed of in accordance with theprovisions of the governing instrument setting forth the terms of the trust, including anyamendments thereto made before or after the testator's death.
(3) Unless the testator's will provides otherwise, a revocation or termination of the trustbefore the testator's death causes the devise to lapse.
Repealed and Re-enacted by Chapter 39, 1998 General Session