§ 3-3.7 Testamentary disposition to trustee under, or in accordance with\n terms of existing inter vivos trust\n (a) A testator may by will dispose of or appoint all or any part of\nsuch testator's estate to a trustee of a trust, the terms of which are\nevidenced by a written instrument executed by the testator, the testator\nand some other person, or some other person, including a trust\nestablished for the receipt of the proceeds of an annuity or pure\nendowment contract, or of a thrift, savings, pension, retirement, death\nbenefit, stock bonus, or profit-sharing plan or system or a funded or\nunfunded life, group life, industrial life or accident and health\ninsurance trust (although the person establishing such trust has\nreserved any or all rights of ownership of the insurance contracts),\nregardless of whether any assets have been transferred to the trust\nprior to the death of the testator; provided that the trust instrument\nis identified in the will and is executed by the person establishing the\ntrust prior to or contemporaneously with the execution of the will and,\nunless such person is the sole trustee, by at least one trustee thereof\nprior to the death of the testator, in the manner required by the laws\nof this state for the recording of a conveyance of real property or, in\nlieu thereof, in the presence of two witnesses who shall affix their\nsignatures to the trust instrument.\n (b) The testamentary disposition or appointment is valid, even though:\n (1) The trust instrument is amendable or revocable, or both, provided,\nhowever, that the disposition or appointment shall be given effect in\naccordance with the terms of the trust instrument, including an\namendment thereto, as they appear in writing on the date of the\ntestator's death and, where the testator so directs, including\namendments to the trust instrument after his or her death, if the\ninstrument evidencing such amendment is executed and acknowledged in the\nmanner provided for in paragraph (b) of 7-1.17.\n (2) The right is reserved in such trust instrument (A) to exercise any\npower over any property transferred to or held in the trust or (B) to\ndirect during the lifetime of the person establishing the trust or any\nother person, the persons and organizations to whom or in whose behalf\nthe income shall be paid or the principal distributed.\n (3) The trust instrument or any amendment thereto was not executed and\nattested in accordance with the formalities prescribed by 3-2.1.\n (c) The property so disposed of or appointed by will becomes a part of\nthe trust to which it is given, and title thereto vests in the trustee\nto be administered and disposed of in accordance with the terms of the\ntrust instrument.\n (d) Any disposition or appointment to the trustee made by a testator\nwho died prior to the effective date of this section, which would be\ninvalid under the applicable law of this state pre-existing the\neffective date of this section, shall be construed to create a\ntestamentary trust under and in accordance with the terms of the trust\ninstrument which the testator originally intended should embrace the\nproperty disposed of or appointed, as such terms appear in such trust\ninstrument at the date of the testator's death.\n (e) A revocation or termination of the trust before the death of the\ntestator shall cause the disposition or appointment to fail, unless the\ntestator has made an alternative disposition.\n
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