CHAPTER 802a
WILLS: EXECUTION AND CONSTRUCTION

Table of Contents

Sec. 45a-260. (Formerly Sec. 45-173a). Uniform Testamentary Additions to Trusts Act.

PART II
REVOCATION, CONSTRUCTION OF WILLS

      Sec. 45a-260. (Formerly Sec. 45-173a). 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.

      (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".

      (1961, P.A. 470, S. 1-4; 1963, P.A. 558; 1967, P.A. 217; P.A. 94-96, S. 1; P.A. 07-217, S. 162.)

      History: 1963 act rephrased Subsec. (a)(1) and in (a)(2) included codicils and specified applicability "regardless of the date such person's will or any codicil thereto was executed"; 1967 act specified in Subsec. (b) that section is effective with respect to devise or bequest in any will executed on or after October 1, 1961; Sec. 45-173a transferred to Sec. 45a-260 in 1991; P.A. 94-96 rephrased provisions of former Subsec. (a), dividing former Subsec. (a) into Subsecs. (a) to (c) and amended Subsec. (d), making section effective to any devise or bequest by will executed on or after October 1, 1994, or to any devise or bequest by will executed prior to October 1, 1994, provided testator was living on said date; P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007.

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