§ 30.1-08-11 — (2-511) Testamentary additions to trusts

1. A will may validly devise property to the trustee of a trust established or to be
established during the testator's lifetime by the testator, by the testator and some other
person, or by some other person including a funded or unfunded life insurance trust,

although the trustor has reserved any or all rights of ownership of the insurance
contracts, or 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, or concurrently with, or after the execution of the
testator's will or in another individual's will if that other individual has predeceased the
testator, regardless of the existence, size, or character of the corpus of the trust. The
devise is not invalid because the trust is amendable or revocable, or because the trust
was amended after the execution of the will or the testator's death.
2. Unless the testator's will provides otherwise, property devised to a trust described in
subsection 1:
a. Is not held under a testamentary trust of the testator but becomes a part of the
trust to which it is devised.
b. Must be administered and disposed of in accordance with the provisions of the
governing instrument setting forth the terms of the trust, including any
amendments thereto made before or after the testator's death.
3. Unless the testator's will provides otherwise, a revocation or termination of the trust
before the testator's death causes the devise to lapse.