Pour Over Flashcards
1
Q
Pour-Over Gift from Will to Trust
A
Under the Uniform Testamentary Additions to Trusts Act, a settlor can make gifts by will to a trust—even an amendable and revocable trust—established during their lifetime. The trust must be clearly identified from language in the will.
2
Q
Governance of Property
A
Property goes into the trust as the trust exists at the date of the testator’s death, not how the trust was written at the date when the will was executed. Thus, trust amendments made after the will
execution are effective to govern the poured-over property. If the trust is revoked, the gift fails (lapses).
