THIRD CONCEPT: POUR-OVER WILLS

Question 1

What 3 ways are pour over provisions validated?

Answer 1

[1] Incorporation by reference;
[2] Facts of independent significance; and
[3] UTATTA (Uniform Testamentary Additions to Trusts Act).

Question 2

What scenario does a pour over trust happen?

Answer 2

Settlor creates an inter-vivos trust, with a provision in her will devising part or all of the estate to the trustee of the trust.