2005 North Carolina Code - General Statutes Article 8 - Devise or Bequest to Trustee of an Existing Trust.

Article 8.

Devise or Bequest to Trustee of an Existing Trust.

§ 31‑47.  Devise or bequest to trustee of an existing trust.

A devise or bequest in a will duly executed pursuant to the provisions of this Chapter may be made in form or substance to the trustee of any trust, including an existing testamentary trust, if established in writing prior to the execution of such will. Such devise or bequest shall not be invalid because the trust is amendable or revocable or both by the settlor or any other person or persons; nor because the trust instrument or any amendment thereto was not executed in the manner required for wills, nor because the trust was amended after execution of the will. Unless the will provides otherwise, such devise or bequest shall operate to dispose of property under the terms of the trust as they appear in writing at the testator's death and the property shall not be deemed held under a testamentary trust. An entire revocation of the trust prior to the testator's death shall invalidate the devise or bequest. (1955, c. 388; 1957, c. 783, s. 1; 1975, c. 161.)