Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500

Thursday, August 25, 2016

NJSA 3B:4-2 Devise to Trustee of Trust Created Other than by Testators Will

3B:4-2 Devise to trustee of trust created other than by testators will.
3B:4-2. A will may validly devise property to the trustee of a trust established or a trust which will be established: (1) during the testators lifetime by the testator, or by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (2) at the testators death by the testators devise to the trustee, if the trust is identified in the testators will, and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testators will or in another individuals will, executed before, concurrently with or after the execution of the testators will, if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust.

L.1981, c.405, s.3B:4-2, eff. May 1, 1982; amended 2004, c.132, s.40. 

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