§560:2-511 - Testamentary additions to trusts.
§560:2-511 Testamentary additions to
trusts. (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,
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
(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 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 it 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 setting forth the terms of the
trust, including any amendments thereto 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. [L 1996, c 288, pt of §1]