Pour-Over Devise or Bequest to Life Insurance Trust-Sequence of Execution of Papers

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Vol: 1, Issue: 4, Page: 221-229

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Wiltshire, Ellsworth
Restatemient of Trusts; Clark v. Citizens National Bank; Bickers v. Shenan- doah Valley National Bank; Gordon v. Portland Trust Bank; Lawless v. Lawless; Estates and Trusts
article description
The "pour-over" will devising or bequeathing property to the trustee of an existing revocable and amendable inter vivos trust created by the testator has become quite popular during the last few years with attorneys, trust officers, and estate planners. In a number of states important legal pitfalls relating to such "pour-overs" not resolved by the decided cases have been eliminated by statute. In Virginia the General Assembly of 1958 enacted a "pour-over" statute (Va. Code Ann. 64-71.1 [19501) settling some difficult questions. However, a serious problem still exisits in Virginia with respect to devises and bequests to trustees of life insurance trusts.