TRUSTS Flashcards
A testator validly executed a will. Among the provisions in the will was a devise of the residuary estate to a revocable inter vivos trust created immediately before the will was executed. The testator’s three children, two daughters and a son, were named as the beneficiaries of this trust. This trust, while in writing, was not created with the formalities required for a will. Before the testator died, in accord with the terms of the trust, she removed her son as a beneficiary of the trust. The trust remained unfunded until it received the distribution of the testator’s residuary estate. The son, contending that the trust functioned as a will but was not executed with the formalities required for a will, has challenged the validity of the trust. Should the court rule that the trust is invalid?
No, because the trust was identified in the testator’s will and its terms were set forth in a written instrument.
