Texas Probate Code - Section 58a. Devises Or Bequests To Trustees
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§ 58a. DEVISES OR BEQUESTS TO TRUSTEES. (a) A testator
may validly devise or bequeath property in a will to the trustee of
a trust established or to be established:
(1) during the testator's lifetime by the testator, by the
testator and another person, or by another person, including a
funded or unfunded life insurance trust, in which 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 or
bequest to the trustee, if the trust is identified in the testator's
will and its terms are in a written instrument, other than a will,
that is executed before, with, or after the execution of the
testator's will or in another person's will if that other person has
predeceased the testator, regardless of the existence, size, or
character of the corpus of the trust.
(b) A devise or bequest 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.
(c) Unless the testator's will provides otherwise, property
devised or bequeathed to a trust described by Subsection (a) of this
section is not held under a testamentary trust of the testator. The
property becomes a part of the trust to which it is devised or
bequeathed and must be administered and disposed of in accordance
with the provisions of the instrument establishing the trust,
including any amendments to the instrument made before or after the
testator's death.
(d) Unless the testator's will provides otherwise, a
revocation or termination of the trust before the testator's death
causes the devise or bequest to lapse.
Added by Acts 1961, 57th Leg., p. 43, ch. 29, § 1. Amended by
Acts 1993, 73rd Leg., ch. 846, § 7, eff. Sept. 1, 1993.
Section: 52A 53 54 55 56 57 58 58a 58b 58c 59 59A 60 61 62
Last modified: August 10, 2007
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