Trust Created by Will
Edith Eberhardt executes a will that transfers her investment portfolio to her nephew Ethan Evans as trustee for her grandchildren. Upon Edith's death the property passes directly into the trust under the will's terms.
Also known as: by will
Written by attorneys · grounded in primary & secondary sources — see below
Succession or transfer of property occurring by will rather than by intestacy. The phrase identifies devolution that takes effect only upon the testator's death under the terms of a valid testamentary instrument.
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Edith Eberhardt executes a will that transfers her investment portfolio to her nephew Ethan Evans as trustee for her grandchildren. Upon Edith's death the property passes directly into the trust under the will's terms.
Ella Emerson's will devises her vacation cabin to her sister Evelyn Ellison. Title passes to Evelyn at Ella's death without any deed from Ella's estate.
Eric Espinoza's will leaves his entire estate to his daughter Emily Ellis. Because every asset is covered by the will, nothing passes by intestate succession.
Eclipse Manufacturing's founder dies leaving a will that disposes of real property in two states. The court applies the law of the situs to determine whether the devise is valid under the will.
Empire Logistics' owner creates a trust by will naming Edgewater Capital as trustee. After the estate closes, a beneficiary files suit in the county where the trust is administered.
Elite Dynamics' founder executes a will that expressly bars his estranged son from taking any intestate share. The excluded son receives nothing from the undisposed portion of the estate.
Ex testamento succession occurs only when property passes under the terms of a valid will. Property not effectively disposed of by will passes instead by intestate succession to the decedent's heirs.
Yes. A will may expressly exclude or limit an individual or class from succeeding to property that would otherwise pass by intestate succession.
Venue lies in the county where the trust's principal place of administration is located and, while the estate remains open, in the county where the decedent's estate is being administered.
…of the terms of a written contract by oral testimony. The statute of frauds makes unenforceable oral contracts to leave property by will, and statutes regulating the making of wills universally require that those instruments be in writing. There is no doubt that statutes requiring wills to be in writing, and statutes of…