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Pour Over Provisions

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.

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Pour Over Provisions

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  1. Pour Over Provisions

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

  3. Historical Development • 1. Not allowed.

  4. Historical Development • 2. Incorporation by reference.

  5. Historical Development • 3. Facts of independent significance.

  6. Historical Development • 4. Uniform Testamentary Additions to Trusts Act (1960) (1991).

  7. Texas -- § 58a • Expressly authorizes pour over technique.

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

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

  10. 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.

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

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

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