SENATE BILL NO. 309
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 2, PART II, TITLE 12 OF THE DELAWARE CODE RELATING TO DECEDENTS' ESTATES AND FIDUCIARY RELATIONS; AND PROVIDING FOR A UNIFORM TESTAMENTARY ADDITIONS TO TRUSTS ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 2, Part II, Title 12 of the Delaware Code by repealing the
existing Section 211, and substituting the following new section:
§211. Testamentary Additions to Trusts
(a) Whenever a testator bequeaths or devises property to the trustee of an Inter vlvos trust which Is evidenced by a written Instrument In existence prior to the making of the will or to the trustee of a trust to be created under a will which Is In existence prior to the making of the testator's will, which trust Is clearly Identified In the testator's will and is In existence at the testator's death, the property so bequeathed or devised, unless the testator's will provides otherwise, shall be governed by the provisions of the written Instrument or will as finally constituted, even though such written Instrument or will can be or is modified subsequent to the making of the testator's will or, In the case of a
written Instrument, after the testator's death. Both the Identity of the person
creating the trust and the nature of the corpus of the trust shall be Immaterial. If, however, the trust Is not In existence at the testator's death, the devise or bequest shall lapse.
(a) Any property so devised or bequeathed shall not be deemed to be held under a testamentary trust of the testator, unless the testator's will provides
Section 2. No Inference shall be drawn from the enactment of this Act that the law as
In effect prior to such enactment was different from the law as In effect after the enactment of this statute.
Section 3. This Act shall be known and may be cited as the Uniform Testamentary
Additions to Trusts Act.
Section 4. This Act shall have no effect upon any devise or bequest made by a will
executed prior to the effective date of this Act.
Approved June 21, 1988.