H-3310.1 _______________________________________________
HOUSE BILL 2256
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Appelwick and Paris
Prefiled 12/30/91. Read first time 01/13/92. Referred to Committee on Judiciary.
AN ACT Relating to the uniform testamentary additions to trusts act; amending RCW 11.12.250; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 11.12.250 and 1985 c 23 s 2 are each amended to read as follows:
((A
gift may be made by)) (1) A will may validly devise or bequeath
property to ((a)) the trustee of a trust ((executed by any
trustor or testator ()) established or to be established (a) during the
testator's lifetime by the testator, by the testator and some other person, or
by some other person including a funded or unfunded life insurance trust,
although the trustor has reserved any or all rights of ownership of the
insurance contracts(())), or (b) at the testator's death by the
testator's devise to the trustee, if (((1))) the trust is identified
in the testator's will and (((2))) its terms are ((evidenced either
(a))) set forth in a written instrument, other than a will,
executed ((by the trustor prior to or)) before, concurrently with,
or after the execution of the testator's will or (((b))) in ((the))
another individual's will ((of a person who)) if that other
individual has predeceased the testator, regardless of ((when executed.))
the existence, size, or character of the corpus of the trust ((is
immaterial to the validity of the gift. Such gift shall)). The devise
or bequest is not ((be)) invalid because the trust is amendable or
revocable, ((or both,)) or because the trust was amended after the
execution of the ((testator's)) will or ((after)) the testator's
death.
(2)
Unless the testator's will provides otherwise, ((the)) property
((so given shall not be deemed to be)) devised or bequeathed to a
trust described in subsection (1) of this section is not held under a
testamentary trust of the testator but ((shall)) it becomes
a part of the trust to which it is ((given to)) devised or bequeathed
and must be administered and disposed of in accordance with the ((terms))
provisions of the governing instrument ((establishing)) setting
forth the terms of the trust, including any amendments((,)) made ((prior
to the)) before or after the testator's death ((of the testator,
and regardless of whether made before or after the execution of the will)).
(3)
Unless the testator's will provides otherwise, ((an express)) a
revocation or termination of the trust ((prior to)) before
the testator's death ((invalidates the gift. Any termination of the trust
other than by express revocation does not invalidate the gift. For purposes of
this section, the term "gift" includes the exercise of any
testamentary power of appointment)) causes the devise or bequest to
lapse.
NEW SECTION. Sec. 2. EFFECT ON EXISTING WILLS. This act applies to a will of a testator who dies after the effective date of this act.
NEW SECTION. Sec. 3. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
NEW SECTION. Sec. 4. SHORT TITLE. This act may be cited as the uniform testamentary additions to trusts act.
NEW SECTION. Sec. 5. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 6. CAPTIONS NOT LAW. Captions as used in this act constitute no part of the law.