RCW 11.12.250
Gift to trust.
A gift may be made by a will to a trustee of a trust executed by any trustor or testator (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if (1) the trust is identified in the testator's will and (2) its terms are evidenced either (a) in a written instrument other than a will, executed by the trustor prior to or concurrently with the execution of the testator's will or (b) in the will of a person who has predeceased the testator, regardless of when executed. The existence, size, or character of the corpus of the trust is immaterial to the validity of the gift. Such gift shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the testator's will or after the testator's death. Unless the will provides otherwise, the property so given 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 to be administered and disposed of in accordance with the terms of the instrument establishing the trust, including any amendments, made prior to the death of the testator, and regardless of whether made before or after the execution of the will. Unless the will provides otherwise, an express revocation of the trust prior to the testator's death invalidates the gift. Any termination of the trust other than by express revocation does not invalidate the gift. For purposes of this section, the term "gift" includes the exercise of any testamentary power of appointment.
[ 1985 c 23 § 2. Prior: 1984 c 149 § 5; 1965 c 145 § 11.12.250; prior: 1959 c 116 § 1.]
NOTES:
Short title—Application—1985 c 30: See RCW 11.02.900 through 11.02.903.
Purpose—1985 c 23: "The purpose of this act is to make technical corrections to chapter 149, Laws of 1984, and to ensure that the changes made in that chapter meet the constitutional requirements of Article II, section 19 of the state Constitution." [ 1985 c 23 § 1.]
Application—1985 c 23: "This act shall apply to wills of decedents dying after December 31, 1984." [ 1985 c 23 § 5.]
Severability—1985 c 23: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 23 § 6.]
Severability—Effective dates—1984 c 149: See notes following RCW 11.02.005.
Trusts—Rule against perpetuities: Chapter 11.98 RCW.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
11.12.010 - Who may make a will.
11.12.020 - Requisites of wills—Foreign wills—Electronic presence.
11.12.025 - Nuncupative wills.
11.12.030 - Signature of testator at his or her direction—Signature by mark.
11.12.040 - Revocation of will—How effected—Effect on codicils.
11.12.051 - Dissolution, invalidation, or termination of marriage or domestic partnership.
11.12.060 - Agreement to convey does not revoke.
11.12.070 - Devise or bequeathal of property subject to encumbrance.
11.12.080 - Revocation of later will or codicil—Effect—Evidence.
11.12.095 - Omitted spouse or omitted domestic partner.
11.12.110 - Death of grandparent's issue before grantor.
11.12.120 - Lapsed gift—Procedure and proof.
11.12.160 - Interested witness—Effect on will.
11.12.170 - Devise of land, what passes.
11.12.180 - Rule in Shelley's Case abolished—Future distribution or interest to heirs.
11.12.185 - Doctrine of Worthier Title abolished—Exception.
11.12.190 - Will to operate on after-acquired property.
11.12.220 - No interest on devise unless will so provides.
11.12.230 - Intent of testator controlling.
11.12.255 - Incorporation by reference.
11.12.260 - Separate writing may direct disposition of tangible personal property—Requirements.
11.12.265 - Filing of original will with court before death of testator.
11.12.400 - Electronic wills—Short title.
11.12.410 - Electronic wills—Definition.
11.12.420 - Electronic wills—Applicable law.
11.12.430 - Electronic wills—Execution—Choice of law.
11.12.440 - Electronic wills—Execution—Procedure.
11.12.450 - Electronic wills—Self-proving.
11.12.460 - Electronic wills—Qualified custodians—Eligibility.
11.12.470 - Electronic wills—Qualified custodians—Duties.
11.12.480 - Electronic wills—Certified paper copies.
11.12.490 - Electronic wills—Uniformity of application and construction.