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Terms Used In New Jersey Statutes 3B:4-4

  • Governing instrument: means a deed, will, trust, insurance or annuity policy, account with the designation "pay on death" (POD) or "transfer on death" (TOD), security registered in beneficiary form with the designation "pay on death" (POD) or "transfer on death" (TOD), pension, profit-sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. See New Jersey Statutes 3B:1-1
  • Testator: A male person who leaves a will at death.
3B:4-4. Unless the testator‘s will provides otherwise, property devised to a trust described in N.J.S. 3B:4-2 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 devised 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.

L.1981, c.405, s.3B:4-4, eff. May 1, 1982; amended 2004, c.132, s.42.