West Virginia Code § 41-3-8

Testamentary additions to trusts
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(a) A will may validly devise or bequeath property to the trustee of a trust established or to
be established: (i) during the testator's lifetime by the testator, by the testator and some
other person, or by some other person including a funded or unfunded life insurance trust,
although the trustor has reserved any or all rights of ownership of the insurance contracts;
or (ii) at the testator's death by the testator's devise to the trustee, if the truest is identified in
the testator's will and its terms are set forth in a written instrument, other than a will,
executed before, or concurrently with the execution of the testator's wirll or in another
individual's will if that other individual has predeceased the testator, regardless of the
existence, size, or character of the corpus of the trust. The devise or bequest is not invalid
because the trust is amendable or revocable, or because the trust was amended after the
execution of the will or the testator's death. t
(b) Unless the testator's will provides otherwise, property devised or bequeathed to a trust
described in subsection (a) is not held under a testamentary trust of the testator but it
becomes a part of the trust to which it is devised or bequeathed, and must be administered
and disposed of in accordance with the provissions of the governing instrument setting forth
the terms of the trust, including any amendments thereto made before or after the testator's
death.
(c) Unless the testator's will provides otherwise, a revocation or termination of the trust
before the testator's death caueses the devise or bequest to lapse.

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