15-2-511. TESTAMENTARY ADDITIONS TO TRUSTS.
(1) (a) A will may validly devise property to the trustee of a trust established or to be established:
(i) During the testator’s lifetime by the testator or by the testator and some other person or by some other person, including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts; or
(ii) 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.
(b) 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.
(2) Unless the testator’s will provides otherwise, property devised to a trust described in subsection (1) of this section 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.
(3) Unless the testator’s will provides otherwise a revocation or termination of the trust before the testator’s death causes the devise to lapse.
History:
[15-2-511, as added by 1971, ch. 111, sec. 1, p. 233; am. 1999, ch. 304, sec. 1, p. 761; am. 2006, ch. 161, sec. 1, p. 481.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 2 - INTESTATE SUCCESSION — WILLS
Section 15-2-501 - WHO MAY MAKE A WILL.
Section 15-2-503 - HOLOGRAPHIC WILL.
Section 15-2-504 - SELF-PROVED WILL.
Section 15-2-505 - WHO MAY WITNESS.
Section 15-2-506 - CHOICE OF LAW AS TO EXECUTION.
Section 15-2-507 - REVOCATION BY WRITING OR BY ACT.
Section 15-2-508 - REVOCATION BY DIVORCE — NO REVOCATION BY OTHER CHANGES OF CIRCUMSTANCES.
Section 15-2-509 - REVIVAL OF REVOKED WILL.
Section 15-2-510 - INCORPORATION BY REFERENCE.
Section 15-2-511 - TESTAMENTARY ADDITIONS TO TRUSTS.
Section 15-2-512 - EVENTS OF INDEPENDENT SIGNIFICANCE.
Section 15-2-513 - SEPARATE WRITING IDENTIFYING BEQUEST OF TANGIBLE PROPERTY.