Uniform Acts Drafting Conventions
(1968 Proceedings, pages 30, 162)
Testamentary additions to trusts
1. (1) A testator may by will make a devise or bequest, the validity of which is governed by the law of (name of province).............., to the trustee or trustees of a trust established or to be established
(a) by the testator;
(b) by the testator and some other person or persons; or
(c) by some other person or persons,
if the trust, regardless of the existence, size or character of the corpus thereof, is identified in the will of the testator and the terms of the trust are set forth
(d) in a written instrument, other than a will, executed before or concurrently with the will of the testator; or
(e) in the valid last will of a person who has predeceased the testator.
Trust includes life insurance trust
(2) A trust mentioned in subsection (1) includes a funded or unfunded life insurance trust, notwithstanding that the settlor has reserved any or all rights of ownership of the insurance contract.
Amendable trust not to invalidate devise or bequest
(3) A devise or bequest made under subsection (1) is not invalid because the trust
(a) is amendable or revocable or both; or
(b) was amended after the execution of the will or after the death of the testator.
Property devised to trust becomes part of administered in accordance with terms of the trust
2. (1) Where, in accordance with section 1, a testator devises or bequeaths property to a trustee or trustees, unless the will of the testator otherwise provides, the property so devised or bequeathed
(a) shall not be deemed to be held under a testamentary trust of the testator but it becomes part of the trust to which it is given; and
(b) shall be administered and disposed of in accordance with the instrument or will setting forth the terms of the trust.
Trust includes amendments thereto
(2) A trust to which property is devised or bequeathed by a testator includes
(a) any amendments made thereto before the death of the testator, notwithstanding that the amendments were made before or after the execution of the will of the testator; and
(b) where the will of the testator so provides, any amendments to the trust after the death of the testator.
Lapse of devise or bequest
3. The revocation or termination before the death of a testator, of a trust to which the testator has devised or bequeathed property, causes the devise or bequest to lapse.