14-2511. Testamentary additions to trusts;
requirements; effect of revocation
A. A will may validly devise property to the trustee of a trust established or to
be established:
1. During the testator's lifetime by the testator alone, by the testator and some
other person or by some other person, including a funded or unfunded life insurance
trust, even if the settlor has reserved any or all rights of ownership of the insurance
contracts.
2. 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 after the testator's death.
B. Unless the testator's will provides otherwise, property devised to a trust
described in subsection A is not held under a testamentary trust of the testator but
becomes a part of the trust to which it is devised and must be administered and disposed
of in accordance with the provisions of the governing instrument that states the terms of
the trust, including any amendments made before or after the testator's death.
C. Unless the testator's will provides otherwise, a revocation or termination of
the trust before the testator's death causes the devise to lapse.
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