Pour Over Provisions.

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Presentation transcript:

Pour Over Provisions

Defined Will provision leaving property to inter vivos trust. Why used? __________ Will Trust

Historical Development 1. Not allowed.

Historical Development 2. Incorporation by reference.

Historical Development 3. Facts of independent significance.

Historical Development 4. Uniform Testamentary Additions to Trusts Act 1960 1991

Texas – EC § 254.001 Expressly authorizes pour over technique.

Types of trusts into which pour overs allowed 1. Trust created by testator, even if after will execution.

Types of trusts into which pour overs allowed 2. Trust created by another person, even if after will execution.

Types of trusts into which pour overs allowed 3. Trust not yet in existence due to lack of funding as long as trust is: In writing, and Identified in will Thus, pour over can be initial trust funding.

Types of trusts into which pour overs allowed 4. Cannot pour over into revoked or terminated trust.

Governance of poured-over property Current terms of trust, even if amendments made after testator’s death.

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