75-2-511. Testamentary additions to trusts.
(1) A will may validly devise property to the trustee of a trust established or to be
established:
(a) during the testator's lifetime by the testator, by the testator and some other person, or
by some other person, including a funded or unfunded life insurance trust, although the settlor has
reserved 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 in
the testator's will and its terms are set forth in a written instrument, other than a will, executed
before, concurrently with, or after the execution of the testator's will or in another individual's will
if that other individual has predeceased the testator, regardless of the existence, size, or character
of 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 in
Subsection (1) is not held under a testamentary trust of the testator, but it becomes a part of the
trust to which it is devised, and shall be administered and disposed of in accordance with the
provisions of the governing instrument setting forth the terms of the trust, including any
amendments thereto made before or after the testator's death.
(3) Unless the testator's will provides otherwise, a revocation or termination of the trust
before the testator's death causes the devise to lapse.
Repealed and Re-enacted by Chapter 39, 1998 General Session
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Last revised: Thursday, May 28, 2009