3B:4-2  Devise to trustee of trust created other than by testator’s will.

3B:4-2.  A will may validly devise property to the trustee of a trust established or a trust which will be established: (1) during the testator’s lifetime by the testator, or by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts, or (2) at the testator’s death by the testator’s devise to the trustee, if the trust is identified in the testator’s will, and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator’s will or in another individual’s will, executed before, concurrently with or after the execution of the testator’s will, if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust.

L.1981, c.405, s.3B:4-2, eff. May 1, 1982; amended 2004, c.132, s.40.