a.
The intention of a testator as expressed in his will controls the legal effect
of his dispositions, and the rules of construction expressed in N.J.S.3B:3-34
through N.J.S.3B:3-48 shall apply unless the probable intention of the
testator, as indicated by the will and relevant circumstances, is contrary.
b.The
intention of a settlor as expressed in a trust, or of an individual as
expressed in a governing instrument, controls the legal effect of the
dispositions therein and the rules of construction expressed in N.J.S.3B:34
through N.J.S.3B:3-48 shall apply unless the probable intent of such settlor or
of such individual, as indicated by the trust or by such governing instrument
and relevant circumstances, is contrary. For purposes of this Title, when
construing each of these rules of construction the word "testator"
shall include but not be limited to a settlor or a creator of any other
governing instrument; the word "will" shall include a trust or other
governing instrument; the word "devise" shall include any disposition
in a trust or other governing instrument; and the word "devisee"
shall include a beneficiary of a trust or other governing instrument.
L.2004,c.132,s.28.
For
more information, go to http://njwillsprobatelaw.com/3b_3-33_1.html?id=2165&a=
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