US Laws, Codes, Statutes & Cases

Chapter 112 — Intestate Succession and Wills

 

2007 EDITION

 

INTESTATE SUCCESSION AND WILLS

 

PROBATE LAW

 

INTESTATE SUCCESSION

 

112.015     Net intestate estate

 

112.025     Share of surviving spouse if decedent leaves issue

 

112.035     Share of surviving spouse if decedent leaves no issue

 

112.045     Share of others than surviving spouse

 

112.047     Forfeiture of parent’s share by reason of desertion or neglect

 

112.049     Petition for forfeiture of parent’s share

 

112.055     Escheat

 

112.058     Preferences and presumptions in escheat proceedings

 

112.065     Representation defined

 

112.075     Time of determining relationships; afterborn heirs

 

112.095     Persons of the half blood

 

112.105     Succession where parents not married

 

112.115     Persons related to decedent through two lines

 

ADVANCEMENTS

 

112.135     When gift is an advancement

 

112.145     Effect of advancement on distribution

 

112.155     Death of advancee before decedent

 

STATUS OF ADOPTED PERSONS

 

112.175     Adopted persons

 

112.185     Effect of more than one adoption

 

112.195     References in wills, deeds and other instruments to accord with law of intestate succession

 

WILLS

 

112.225     Who may make a will

 

112.227     Intention of testator expressed in will as controlling

 

112.230     Local law of state selected by testator controlling unless against public policy

 

112.232     Uniform International Wills Act

 

112.235     Execution of a will

 

112.245     Witness as beneficiary

 

112.255     Validity of execution of a will

 

112.265     Testamentary additions to trusts

 

112.270     Procedure to establish contract to make will or devise or not to revoke will or devise

 

112.272     In terrorem clauses valid and enforceable; exceptions

 

112.275     Manner of revocation or alteration exclusive

 

112.285     Express revocation or alteration

 

112.295     Revival of revoked or invalid will

 

112.305     Revocation by marriage

 

112.315     Revocation by divorce or annulment

 

112.325     Contract of sale of property devised not a revocation

 

112.335     Encumbrance or disposition of property after making will

 

112.345     Devise of life estate

 

112.355     Devise passes all interest of testator

 

112.365     Property acquired after making will

 

112.385     Nonademption of specific devises in certain cases

 

112.395     When estate passes to issue of devisee; anti-lapse; class gifts

 

112.400     Effect of failure of devise

 

112.405     Children born or adopted after execution of will; pretermitted children

 

112.410     Effect of general disposition or residuary clause on testator’s power of appointment

 

112.415     Persons not entitled to estate of testator

 

112.435     Disposition of wills deposited with county clerk

 

EFFECT OF HOMICIDE OR ABUSE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE AND BENEFICIARY DESIGNATIONS

 

112.455     Definitions for ORS 112.455 to 112.555

 

112.457     Application to abuser

 

112.465     Slayer or abuser considered to predecease decedent

 

112.475     Jointly owned property

 

112.485     Property jointly owned with others

 

112.495     Reversions, vested remainders, contingent remainders and future interests

 

112.505     Property appointed; powers of revocation or appointment

 

112.515     Proceeds of insurance on life and other benefit plans of decedent

 

112.525     Proceeds of insurance on life of slayer or abuser

 

112.535     Payment by insurance company, financial institution, trustee or obligor; no additional liability

 

112.545     Rights of persons without notice dealing with slayer or abuser

 

112.555     Evidence of felonious and intentional killing; conviction as conclusive

 

UNIFORM SIMULTANEOUS DEATH ACT

 

112.570     Definitions for ORS 112.570 to 112.590

 

112.572     Requirement of survival

 

112.578     Construction of survivorship provisions in governing instruments

 

112.580     Co-owners with right of survivorship; requirement of survival

 

112.582     Evidence of death or status

 

112.586     Exceptions

 

112.588     Protection of payors and other third parties

 

112.590     Protection of bona fide purchasers; personal liability of recipient

 

DOWER AND CURTESY ABOLISHED

 

112.685     Dower and curtesy abolished

 

112.695     Statute of limitation for recovery of dower or curtesy

 

UNIFORM DISPOSITION OF COMMUNITY PROPERTY RIGHTS AT DEATH ACT

 

112.705     Short title

 

112.715     Application to certain property

 

112.725     Rebuttable presumptions

 

112.735     One-half of property not subject to testamentary disposition or right to elect against will

 

112.745     Proceedings to perfect title

 

112.755     Who may institute proceedings

 

112.765     Rights of purchaser

 

112.775     Application and construction

 

DISPOSITION OF WILLS

 

112.800     Definition for ORS 112.800 to 112.830

 

112.805     Exclusive manner of disposing of wills; destroyed will not revoked

 

112.810     Duties of custodian of will

 

112.815     Conditions for disposal of will

 

112.820     Procedure for destruction of will; filing of affidavit; fee

 

112.825     Liability for destruction of will

 

112.830     Court may order delivery of will

 

      112.010 [Amended by 1969 c.591 §69; renumbered 112.575]

 

INTESTATE SUCCESSION

 

      112.015 Net intestate estate. Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS 112.025 to 112.055. [1969 c.591 §19]

 

      112.017 [1993 c.598 §4; 1995 c.235 §1; repealed by 1999 c.133 §1]

 

      112.020 [Amended by 1969 c.591 §70; renumbered 112.585]

 

      112.025 Share of surviving spouse if decedent leaves issue. If the decedent leaves a surviving spouse and issue, the intestate share of the surviving spouse is:

      (1) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the entire net intestate estate.

      (2) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the net intestate estate. [1969 c.591 §20; 1987 c.329 §1]

 

      112.030 [Amended by 1969 c.591 §71; renumbered 112.595]

 

      112.035 Share of surviving spouse if decedent leaves no issue. If the decedent leaves a surviving spouse and no issue, the surviving spouse shall have all of the net intestate estate. [1969 c.591 §21]

 

      112.040 [Amended by 1969 c.591 §73; renumbered 112.615]

 

      112.045 Share of others than surviving spouse. The part of the net intestate estate not passing to the surviving spouse shall pass:

      (1) To the issue of the decedent. If the issue are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more remote degrees take by representation.

      (2) If there is no surviving issue, to the surviving parents of the decedent.

      (3) If there is no surviving issue or parent, to the brothers and sisters of the decedent and the issue of any deceased brother or sister of the decedent by representation. If there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

      (4) If there is no surviving issue, parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation. If there is no surviving grandparent, the issue of grandparents take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

      (5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship. [1969 c.591 §22]

 

      112.047 Forfeiture of parent’s share by reason of desertion or neglect. (1) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if the decedent was an adult when the decedent died and:

      (a) The parent of the decedent willfully deserted the decedent for the 10-year period immediately preceding the date on which the decedent became an adult; or

      (b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the 10-year period immediately preceding the date on which the decedent became an adult.

      (2) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if the decedent was a minor when the decedent died and:

      (a) The parent of the decedent willfully deserted the decedent for the life of the decedent or for the 10-year period immediately preceding the date on which the decedent died; or

      (b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the 10-year period immediately preceding the date on which the decedent died.

      (3) For the purposes of subsections (1) and (2) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent.

      (4) For the purposes of subsections (1) and (2) of this section, in determining whether the parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the decedent and the parent whose intestate share would be forfeited under this section.

      (5) The intestate share of a parent of a decedent may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 112.049. A petition filed under ORS 113.035 may not request the forfeiture of the intestate share of a parent of a decedent under this section. [2005 c.741 §2]

 

      Note: Section 6, chapter 741, Oregon Laws 2005, provides:

      Sec. 6. Section 2 of this 2005 Act [112.047] and the amendments to ORS 113.035 and 113.145 by sections 4 and 5 of this 2005 Act apply only to the estates of persons who die on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.741 §6]

 

      112.049 Petition for forfeiture of parent’s share. (1) A petition may be filed in probate proceedings to assert that the intestate share of a parent of a decedent is subject to forfeiture under ORS 112.047. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s share.

      (2) A petition under this section must be filed not later than:

      (a) Four months after the date of delivery or mailing of the information described in ORS 113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

      (b) Four months after the first publication of notice to interested persons if the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative.

      (3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by clear and convincing evidence. [2005 c.741 §3]

 

      112.050 [Repealed by 1969 c.591 §305]

 

      112.055 Escheat. (1) If no person takes under ORS 112.025 to 112.045, the net intestate estate escheats to the State of Oregon.

      (2) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found, the share of that person escheats to the State of Oregon.

      (3) If a devisee or a person entitled to take under ORS 112.025 to 112.045 is not identified or found:

      (a) The Department of State Lands has the same preference as the missing devisee or person for the purpose of appointment as personal representative under ORS 113.085;

      (b) Title to property of the decedent that would vest in the missing devisee or person under ORS 114.215 vests in the Department of State Lands; and

      (c) The Department of State Lands has all of the rights of the missing devisee or person for the purposes of ORS chapters 111, 112, 113, 114, 115, 116 and 117, including but not limited to the following:

      (A) The right to contest any will of the decedent under ORS 113.075; and

      (B) The right to information under ORS 113.145. [1969 c.591 §23; 2003 c.395 §2]

 

      112.058 Preferences and presumptions in escheat proceedings. (1) In any proceeding to determine the escheat share of the estate of a decedent whose estate is wholly or partially subject to probate in this state:

      (a) No preference shall be given to any person over escheat; and

      (b) After diligent search and inquiry appropriate to the circumstances, the following presumptions apply in a proceeding to determine whether a missing person has died:

      (A) A missing person whose death cannot be proved by other means lives to 100 years of age.

      (B) A missing person who was exposed to a specific peril at the time the person became missing has died if it is reasonable to expect from the nature of the peril that proof of death would be impractical.

      (C) A missing person whose absence is unexplained has died if the character and habits of the person are inconsistent with a voluntary absence for the time that the person has been missing.

      (D) A missing person known to have been alive who has not been seen or heard from for seven years has died if the person has been absent from the person’s usual residence, the absence is unexplained, there are other persons who would have been likely to have heard from the missing person during that period were the missing person alive, and those other persons have not heard from the missing person.

      (2) In any proceeding described by subsection (1) of this section, a missing person who is presumed to be dead is also presumed to have had two children in addition to any known issue of the person unless the presumption of death arises by reason of the application of subsection (1)(b)(B) or (C) of this section. [2003 c.395 §4]

 

      112.060 [Amended by 1969 c.591 §74; renumbered 112.625]

 

      112.065 Representation defined. “Representation” means the method of determining the passing of the net intestate estate when the distributees are of unequal degrees of kinship to the decedent. It is accomplished as follows: The estate shall be divided into as many shares as there are surviving heirs of the nearest degree of kinship and deceased persons of the same degree who left issue who survive the decedent, each surviving heir of the nearest degree receiving one share and the share of each deceased person of the same degree being divided among the issue of the deceased person in the same manner. [1969 c.591 §24]

 

      112.070 [Amended by 1969 c.591 §75; renumbered 112.635]

 

      112.075 Time of determining relationships; afterborn heirs. The relationships existing at the time of the death of the decedent govern the passing of the net intestate estate, but persons conceived before the death of the decedent and born alive thereafter inherit as though they were alive at the time of the death of the decedent. [1969 c.591 §25]

 

      112.080 [Amended by 1969 c.591 §76; renumbered 112.645]

 

      112.085 [1969 c.591 §26; 1973 c.506 §6; 1975 c.244 §1; repealed by 1999 c.131 §11]

 

      112.095 Persons of the half blood. Persons of the half blood inherit the same share that they would inherit if they were of the whole blood. [1969 c.591 §27]

 

      112.105 Succession where parents not married. (1) For all purposes of intestate succession, full effect shall be given to all relationships as described in ORS 109.060, except as otherwise provided by law in case of adoption.

      (2) For all purposes of intestate succession and for those purposes only, before the relationship of father and child and other relationships dependent upon the establishment of paternity shall be given effect under subsection (1) of this section:

      (a) The paternity of the child shall have been established under ORS 109.070 during the lifetime of the child or;

      (b) The father shall have acknowledged himself to be the father in writing signed by him during the lifetime of the child. [1969 c.591 §28]

 

      112.115 Persons related to decedent through two lines. A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share. [1969 c.591 §29]

 

ADVANCEMENTS

 

      112.135 When gift is an advancement. If a person dies intestate as to all the estate of the person, property which the person gave in the lifetime of the person to an heir shall be treated as an advancement against the heir’s share of the estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement. For that purpose the property advanced shall be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first. [1969 c.591 §30]

 

      112.145 Effect of advancement on distribution. (1) If the value of the advancement exceeds the heir’s share of the estate, the heir shall be excluded from any further share of the estate, but the heir shall not be required to refund any part of the advancement. If the value of the advancement is less than the heir’s share, the heir shall be entitled upon distribution of the estate to such additional amount as will give the heir the heir’s share of the estate.

      (2) The property advanced is not a part of the estate, but for the purpose of determining the shares of the heirs the advancement shall be added to the estate, the sum then divided among the heirs and the advancement then deducted from the share of the heir to whom the advancement was made. [1969 c.591 §31]

 

      112.155 Death of advancee before decedent. If the recipient of the property advanced fails to survive the decedent, the amount of the advancement shall be taken into account in computing the share of the issue of the recipient, whether or not the issue take by representation. [1969 c.591 §32]

 

STATUS OF ADOPTED PERSONS

 

      112.175 Adopted persons. (1) An adopted person, the issue and kindred of the adopted person shall take by intestate succession from the adoptive parents, their issue and kindred, and the adoptive parents, their issue and kindred shall take by intestate succession from the adopted person, the issue and kindred of the adopted person, as though the adopted person were the natural child of the adoptive parents.

      (2) An adopted person shall cease to be treated as the child of the person’s natural parents for all purposes of intestate succession by the adopted person, the issue and kindred of the adopted person and the natural parents, their issue and kindred, except:

      (a) If a natural parent of a person marries or remarries and the person is adopted by the stepparent, the adopted person shall continue also to be treated, for all purposes of intestate succession, as the child of the natural parent who is the spouse of the adoptive parent.

      (b) If a natural parent of a person dies, the other natural parent remarries and the person is adopted by the stepparent, the adopted person shall continue also to be treated, for all purposes of intestate succession by any person through the deceased natural parent, as the child of the deceased natural parent.

      (3) ORS chapters 111, 112, 113, 114, 115, 116 and 117 apply to adopted persons who were adopted in this state or elsewhere. [1969 c.591 §33]

 

      112.185 Effect of more than one adoption. For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous adoptive parents. The person shall continue also to be treated as the child of a natural parent or previous adoptive parent only to the extent provided in ORS 112.175 (2), and for the purpose of applying that subsection with reference to a previous adoptive parent, “natural parent” in that subsection means the previous adoptive parent. [1969 c.591 §34]

 

      112.195 References in wills, deeds and other instruments to accord with law of intestate succession. Unless a contrary intent is established by the instrument, all references in a will, deed, trust instrument or other instrument to an individual or member of a class described generically in relation to a particular person as children, issue, grandchildren, descendants, heirs, heirs of the body, next of kin, distributees, grandparents, brothers, nephews or other relatives shall include any person who would be treated as so related for all purposes of intestate succession, except that an adopted person so included must have been adopted as a minor or after having been a member of the household of the adoptive parent while a minor. [1969 c.591 §35]

 

WILLS

 

      112.225 Who may make a will. Any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind, may make a will. [1969 c.591 §36]

 

      112.227 Intention of testator expressed in will as controlling. The intention of a testator as expressed in the will of the testator controls the legal effect of the dispositions of the testator. The rules of construction expressed in this section, ORS 112.230 and 112.410 apply unless a contrary intention is indicated by the will. [1973 c.506 §10]

 

      112.230 Local law of state selected by testator controlling unless against public policy. The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in the instrument of the testator unless the application of that law is contrary to the public policy of this state. [1973 c.506 §11]

 

      112.232 Uniform International Wills Act. (1) As used in this section:

      (a) “International will” means a will executed in conformity with subsections (2) to (5) of this section.

      (b) “Authorized person” and “person authorized to act in connection with international wills” means a person who by subsection (9) of this section, or by the laws of the United States including members of the diplomatic and consular service of the United States designated by foreign service regulations, is empowered to supervise the execution of international wills.

      (2)(a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile or residence of the testator, if it is made in the form of an international will complying with the requirements of this section.

      (b) The invalidity of the will as an international will does not affect its formal validity as a will of another kind.

      (c) This section does not apply to the form of testamentary dispositions made by two or more persons in one instrument.

      (3)(a) The will must be made in writing. It need not be written by the testator. It may be written in any language, by hand or by any other means.

      (b) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection with international wills that the document is the will of the testator and that the testator knows the contents thereof. The testator need not inform the witnesses, or the authorized person, of the contents of the will.

      (c) In the presence of the witnesses, and of the authorized person, the testator shall sign the will or, if the testator has previously signed it, shall acknowledge the signature.

      (d) If the testator is unable to sign, the absence of that signature does not affect the validity of the international will if the testator indicates the reason for inability to sign and the authorized person makes note thereof on the will. In that case, it is permissible for any other person present, including the authorized person or one of the witnesses, at the direction of the testator, to sign the testator’s name for the testator if the authorized person makes note of this on the will, but it is not required that any person sign the testator’s name for the testator.

      (e) The witnesses and the authorized person shall there and then attest the will by signing in the presence of the testator.

      (4)(a) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on behalf of the testator or, if there is no such person, by the authorized person. In addition, each sheet must be numbered.

      (b) The date of the will must be the date of its signature by the authorized person. That date must be noted at the end of the will by the authorized person.

      (c) The authorized person shall ask the testator whether the testator wishes to make a declaration concerning the safekeeping of the will. If so and at the express request of the testator, the place where the testator intends to have the will kept must be mentioned in the certificate provided for in subsection (5) of this section.

      (d) A will executed in compliance with subsection (3) of this section is not invalid merely because it does not comply with this subsection.

      (5) The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this section for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver another to the testator. The certificate must be substantially in the following form:

______________________________________________________________________________

 

CERTIFICATE

(Convention of October 26, 1973)

1.   I, _________(name, address and capacity), a person authorized to act in connection with international wills,

2.   certify that on _________ (date) at _________ (place)

3.   (testator) _________(name, address, date and place of birth) in my presence and that of the witnesses

4.   (a) _________(name, address, date and place of birth)

      (b) _________(name, address, date and place of birth) has declared that the attached document is the will of the testator and that the testator knows the contents thereof.

5.   I furthermore certify that:

6.   (a) in my presence and in that of the witnesses

      (1)    the testator has signed the will or has acknowledged the testator’s signature previously affixed.

      *(2)  following a declaration of the testator stating that the testator was unable to sign the will for the following reason____________, I have mentioned this declaration on the will, *and the signature has been affixed by _________ (name and address)

7.   (b) the witnesses and I have signed the will;

8.   *(c) each page of the will has been signed by ________ and numbered;

9.   (d) I have satisfied myself as to the identity of the testator and of the witnesses as designated above;

10. (e) the witnesses met the conditions requisite to act as such according to the law under which I am acting;

      11. *(f) the testator has requested me to include the following statement concerning the safekeeping of the will: _______________

      12. PLACE OF EXECUTION

      13. DATE

      14. SIGNATURE and, if necessary, SEAL

*to be completed if appropriate

______________________________________________________________________________

 

      (6) In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this section. The absence or irregularity of a certificate does not affect the formal validity of a will under this section.

      (7) An international will is subject to the ordinary rules of revocation of wills.

      (8) Subsections (1) to (7) of this section derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this section, regard shall be had to its international origin and to the need for uniformity in its interpretation.

      (9) Individuals who have been admitted to practice law before the courts of this state and are currently licensed so to do are authorized persons in relation to international wills.

      (10) This section may be referred to and cited as the Uniform International Wills Act. [1981 c.481 §2; 1993 c.98 §2]

 

      112.235 Execution of a will. A will shall be in writing and shall be executed with the following formalities:

      (1) The testator, in the presence of each of the witnesses, shall:

      (a) Sign the will; or

      (b) Direct one of the witnesses or some other person to sign thereon the name of the testator; or

      (c) Acknowledge the signature previously made on the will by the testator or at the testator’s direction.

      (2) Any person who signs the name of the testator as provided in subsection (1)(b) of this section shall sign the signer’s own name on the will and write on the will that the signer signed the name of the testator at the direction of the testator.

      (3) At least two witnesses shall each:

      (a) See the testator sign the will; or

      (b) Hear the testator acknowledge the signature on the will; and

      (c) Attest the will by signing the witness’ name to it.

      (4) A will executed in compliance with the Uniform International Wills Act shall be deemed to have complied with the formalities of this section. [1969 c.591 §37; 1973 c.506 §7; 1981 c.481 §4]

 

      112.237 [1981 c.481 §3; repealed by 1993 c.98 §26]

 

      112.245 Witness as beneficiary. A will attested by an interested witness is not thereby invalidated. An interested witness is one to whom is devised a personal and beneficial interest in the estate. [1969 c.591 §38; 1973 c.506 §8]

 

      112.255 Validity of execution of a will. (1) A will is lawfully executed if it is in writing, signed by or at the direction of the testator and otherwise executed in accordance with the law of:

      (a) This state at the time of execution or at the time of death of the testator; or

      (b) The domicile of the testator at the time of execution or at the time of the testator’s death; or

      (c) The place of execution at the time of execution.

      (2) A will is lawfully executed if it complies with the Uniform International Wills Act. [1969 c.591 §39; 1981 c.481 §5]

 

      112.265 Testamentary additions to trusts. (1) A devise may be made by a will to the trustee or trustees of a trust, regardless of the existence, size or character of the corpus of the trust, if:

      (a) The trust is established or will be established by the testator, or by the testator and some other person or persons, or by some other person or persons;

      (b) The trust is identified in the testator’s will; and

      (c) The terms of the trust are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator’s will, or in the valid last will of a person who has predeceased the testator.

      (2) The trust may be funded during the testator’s lifetime or upon the testator’s death by the testator’s devise to the trustee or trustees. The trust may be a funded or unfunded life insurance trust, although the trustor has reserved any or all of the rights of ownership of the insurance contracts.

      (3) The devise shall not be invalid because the trust:

      (a) Is amendable or revocable, or both; or

      (b) Was amended after the execution of the testator’s will or after the death of the testator.

      (4) Unless the testator’s will provides otherwise, the property so devised:

      (a) Shall not be considered to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given; and

      (b) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator, regardless of whether made