59-3101. Testamentary additions to trusts. - Kansas Statutes

59-3101

Chapter 59.--PROBATE CODE Article 31.--UNIFORM TESTAMENTARY ADDITIONS TO TRUSTS ACT

      59-3101.   Testamentary additions to trusts.Subject to the provisions of K.S.A. 59-1701, a devise orbequest, the validity of which is determinable by the law of this state,may be made by a will to the trustee or trustees of a trust established orto be established by the testator or by the testator and some other personor persons or by some other person or persons (including a funded orunfunded life insurance trust, although the trustor has reserved any or allrights of ownership of the insurance contracts) if the trust is identifiedin the testator's will and its terms are set forth in a written instrument(other than a will) executed before or concurrently with the execution ofthe testator's will or in the valid last will of a person who haspredeceased the testator (regardless of the existence, size, or characterof the corpus of the trust). The devise or bequest shall not be invalidbecause the trust is amendable or revocable, or both, or because the trustwas amended after the execution of the will or after the death of thetestator. Unless the testator's will provides otherwise, the property sodevised or bequeathed (a) shall not be deemed to be held under atestamentary trust of the testator but shall become a part of the trust towhich it is given, and (b) shall be administered and disposed of inaccordance with the provisions of the instrument or will setting forth theterms of the trust, including any amendments thereto made before the deathof the testator (regardless of whether made before or after the executionof the testator's will) and, if the testator's will so provides, includingany amendments to the trust made after the death of the testator. Arevocation or termination of the trust before the death of the testatorshall cause the devise or bequest to lapse.

      History:   L. 1968, ch. 203, § 1; July 1.