Title 53, Chapter 12, Section 71
( 53-12-71)
(a) A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, even if the trustor has reserved any or all rights of ownership of the insurance contracts) 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 or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the corpus of the trust and notwithstanding the requirements of paragraph (2) of subsection (b) of Code Section 53-12-20). The devise or bequest shall not be invalid because the trust is amendable, revocable, or both or because the trust was amended after the execution of the will or after the death of the testator. (b) Unless the testator's will provides otherwise, the property so
devised or bequeathed: (1) Shall not be deemed to be held under a testamentary trust of
the testator but shall become a part of the trust to which it is
given; and (2) Shall be administered and disposed of in accordance with the
provisions of the instrument or will setting forth the terms of
the trust, including any amendments thereto made before the death
of the testator, regardless of whether the amendments were made
before or after the execution of the testator's will, and, if the
testator's will so provides, including any amendments to the trust
made after the death of the testator. (c) A revocation or termination of the trust before the death of the
testator shall cause the devise or bequest to lapse. |