Connecticut General Statutes 45a-260 – Uniform Testamentary Additions to Trusts Act
(a) A will may validly devise or bequeath property to the trustee or trustees of a trust established or to be established (1) during the testator‘s lifetime by the testator, by the testator and some other person or persons, or by some other person or persons including a funded or unfunded life insurance trust, although the trustor 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 or trustees if the trust is identified in the testator’s will or codicil and its terms are set forth in a written instrument, other than a will or codicil, 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. The devise or bequest shall not be invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or after the testator’s death.
Terms Used In Connecticut General Statutes 45a-260
- another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
- Bequeath: To gift property by will.
- Bequest: Property gifted by will.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Devise: To gift property by will.
- Testator: A male person who leaves a will at death.
- Trustee: A person or institution holding and administering property in trust.
- Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
(b) Unless the testator’s will provides otherwise, property devised or bequeathed to a trust described in subsection (a) of this section is not held under a testamentary trust of the testator but becomes a part of the trust to which it is devised or bequeathed, and shall 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.
(c) Unless the testator’s will provides otherwise, a revocation or termination of the trust before the testator’s death shall cause the devise or bequest to lapse.
(d) This section shall be effective as to (1) any devise or bequest made by a will executed on or after October 1, 1994, and (2) any devise or bequest made by a will executed prior to October 1, 1994, provided the testator was living on said date.
(e) This section shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
(f) This section may be cited as the “Uniform Testamentary Additions to Trusts Act”.