Rhode Island General Laws
Chapter 33-6 - Proof and Construction of Wills
Section 33-6-33. - Gifts to trustee of existing trust.

§ 33-6-33. Gifts to trustee of existing trust.
A devise, bequest, or appointment in a will validly executed under the provisions of this chapter may be made in form or substance to the trustee or trustees of a trust in writing executed by the testator or any other person or persons prior to and in existence at the time of the execution of the will, and identified in the will, whatever the size or character of the corpus of the trust (including an unfounded life insurance trust, although the settlor has reserved any or all rights of ownership in the insurance policies). A devise, bequest, or appointment shall not be invalid because the trust is amendable or revocable, or both, by the settlor or any other person or persons; nor because the trust instrument or any amendment thereto was not executed in the manner required for wills; nor because the trust was amended after the execution of the will. Unless the will provides otherwise, the property so devised, bequeathed or appointed shall not be deemed held under a testamentary trust, but shall become and be a part of the principal of the trust to which it is given to be administered and disposed of in accordance with the terms and provisions of the trust to which it is given, including any amendments, as it appears in writing at the death of the testator. In the event of complete termination of the trust prior to the testator’s death, the devise or bequest shall lapse and the appointment fail unless the will directs otherwise.
History of Section.G.L., § 33-6-33, as enacted by P.L. 1959, ch. 74, § 1.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 33 - Probate Practice and Procedure

Chapter 33-6 - Proof and Construction of Wills

Section 33-6-1. - Gifts to attesting witnesses.

Section 33-6-2. - Creditor attesting.

Section 33-6-3. - Death of attesting beneficiary in lifetime of testator.

Section 33-6-4. - Executor or trustee as witness.

Section 33-6-5. - Construction as to real estate within state.

Section 33-6-6. - Time from which will speaks.

Section 33-6-7. - Devise without words of limitation.

Section 33-6-8. - Devise to executor or trustee.

Section 33-6-9. - Gift for life with remainder to issue.

Section 33-6-10. - Limitation on fee tail.

Section 33-6-11. - Death of devisee in tail in lifetime of testator.

Section 33-6-12. - Commencement of income estate.

Section 33-6-13. - Apportionment on termination of income estate.

Section 33-6-14. - Suit for recovery of income from executor.

Section 33-6-15. - Interest on general pecuniary legacies.

Section 33-6-16. - Life estate or term for years in property consumed by use.

Section 33-6-17. - General devises and bequests.

Section 33-6-18. - Devise of lands of which testator is not seised.

Section 33-6-19. - Substitution of issue for beneficiary predeceasing testator.

Section 33-6-20. - Devisee or legatee predeceased without issue.

Section 33-6-21, 33-6-22. - Repealed.

Section 33-6-23. - Pretermitted issue.

Section 33-6-24. - Apportionment of share taken by pretermitted child.

Section 33-6-25. - Repealed.

Section 33-6-26. - Intent of testator as to apportionment of debts.

Section 33-6-27. - Contribution by pretermitted issue to payment of debts.

Section 33-6-28. - Death or insolvency of beneficiary liable to contribution for debts.

Section 33-6-29. - Repealed.

Section 33-6-30. - Partial intestacy.

Section 33-6-31. - Passage of title by will — Recording.

Section 33-6-32. - Filing of original wills.

Section 33-6-33. - Gifts to trustee of existing trust.