CHAPTER 125

WILLS

AN ACT TO AMEND CHAPTER 1, TITLE 12, DELAWARE CODE RELATING TO WILLS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 1, Title 12, Delaware Code is amended by adding the following new section to be known as Section III:

§ III. Bequests or devises by will to trusts which are subject to amendment, modification or revocation

Whenever a testator bequeaths or devises property to the trustee of an inter-vivos trust which is evidenced by a written instrument in existence prior to the making of the will and identified in the will, and which may be subject to amendment, modification or revocation, the property so bequeathed or devised, unless the will provides otherwise, shall be governed by the provisions, effective at the testator's death, of the instrument creating such trust as the same may have been amended, even though any such amendment may have been made subsequent to the making of the will.

Approved June 5, 1957.