Sec. 254.001. DEVISES TO TRUSTEES. (a) A testator may validly devise property in a will to the trustee of a trust established or to be established:
(1) during the testator's lifetime by the testator, the testator and another person, or 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 to the trustee, regardless of the existence, size, or character of the corpus of the trust, if:
(A) the trust is identified in the testator's will; and
(B) the terms of the trust are in:
(i) a written instrument, other than a will, executed before, with, or after the execution of the testator's will; or
(ii) another person's will if that person predeceased the testator.
(b) A devise under Subsection (a) is not invalid because the trust:
(1) is amendable or revocable; or
(2) was amended after the execution of the will or the testator's death.
(c) Unless the testator's will provides otherwise, property devised to a trust described by Subsection (a) is not held under a testamentary trust of the testator. The property:
(1) becomes part of the trust to which the property is devised; and
(2) must be administered and disposed of according to the provisions of the instrument establishing the trust, including any amendment 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 to lapse.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Section: 254.001 254.002 254.003 254.004 NextLast modified: September 28, 2016