California 2017-2018 Regular Session

California Assembly Bill AB309 Compare Versions

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1		-	Assembly Bill No. ~~309 CHAPTER 33~~ An act to amend Section 6300 of the Probate Code, relating to trusts. ~~[ Approved by Governor June 28, 2017. Filed with Secretary of State June 28, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 309, Maienschein. Testamentary additions to trusts.Existing law provides for the disposition of a testators property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or by some other person, commonly referred to as a pour-over will. Existing law authorizes that devise if the trust is identified in the testators will and its terms are set forth in a written instrument other than a will executed before or concurrently with the execution of the testators will.This bill would also allow that written instrument to be executed within 60 days after the execution of the testators will. The bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6300 of the Probate Code is amended to read:6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established 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 settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testators will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testators will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.(b) Unless the testators will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testators will).(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
	1	+	Enrolled June 13, 2017 Passed IN Senate June 12, 2017 Passed IN Assembly March 23, 2017 Amended IN Assembly March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 309Introduced by Assembly Member MaienscheinFebruary 06, 2017 An act to amend Section 6300 of the Probate Code, relating to trusts. LEGISLATIVE COUNSEL'S DIGESTAB 309, Maienschein. Testamentary additions to trusts.Existing law provides for the disposition of a testators property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or by some other person, commonly referred to as a pour-over will. Existing law authorizes that devise if the trust is identified in the testators will and its terms are set forth in a written instrument other than a will executed before or concurrently with the execution of the testators will.This bill would also allow that written instrument to be executed within 60 days after the execution of the testators will. The bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6300 of the Probate Code is amended to read:6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established 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 settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testators will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testators will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.(b) Unless the testators will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testators will).(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
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3		-	Assembly Bill No. 309 CHAPTER 33 An act to amend Section 6300 of the Probate Code, relating to trusts. [ Approved by Governor June 28, 2017. Filed with Secretary of State June 28, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 309, Maienschein. Testamentary additions to trusts.Existing law provides for the disposition of a testators property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or by some other person, commonly referred to as a pour-over will. Existing law authorizes that devise if the trust is identified in the testators will and its terms are set forth in a written instrument other than a will executed before or concurrently with the execution of the testators will.This bill would also allow that written instrument to be executed within 60 days after the execution of the testators will. The bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled June 13, 2017 Passed IN Senate June 12, 2017 Passed IN Assembly March 23, 2017 Amended IN Assembly March 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 309Introduced by Assembly Member MaienscheinFebruary 06, 2017 An act to amend Section 6300 of the Probate Code, relating to trusts. LEGISLATIVE COUNSEL'S DIGESTAB 309, Maienschein. Testamentary additions to trusts.Existing law provides for the disposition of a testators property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or by some other person, commonly referred to as a pour-over will. Existing law authorizes that devise if the trust is identified in the testators will and its terms are set forth in a written instrument other than a will executed before or concurrently with the execution of the testators will.This bill would also allow that written instrument to be executed within 60 days after the execution of the testators will. The bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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	5	+	Enrolled June 13, 2017 Passed IN Senate June 12, 2017 Passed IN Assembly March 23, 2017 Amended IN Assembly March 15, 2017
	6	+
	7	+	Enrolled June 13, 2017
	8	+	Passed IN Senate June 12, 2017
	9	+	Passed IN Assembly March 23, 2017
	10	+	Amended IN Assembly March 15, 2017
	11	+
	12	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	14		Assembly Bill No. 309
6		-	CHAPTER 33
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	16	+	Introduced by Assembly Member MaienscheinFebruary 06, 2017
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	18	+	Introduced by Assembly Member Maienschein
	19	+	February 06, 2017
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8	21		An act to amend Section 6300 of the Probate Code, relating to trusts.
9		-
10		-	[ Approved by Governor June 28, 2017. Filed with Secretary of State June 28, 2017. ]
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12	23		LEGISLATIVE COUNSEL'S DIGEST
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14	25		## LEGISLATIVE COUNSEL'S DIGEST
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16	27		AB 309, Maienschein. Testamentary additions to trusts.
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18	29		Existing law provides for the disposition of a testators property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or by some other person, commonly referred to as a pour-over will. Existing law authorizes that devise if the trust is identified in the testators will and its terms are set forth in a written instrument other than a will executed before or concurrently with the execution of the testators will.This bill would also allow that written instrument to be executed within 60 days after the execution of the testators will. The bill would make technical, nonsubstantive changes to these provisions.
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20	31		Existing law provides for the disposition of a testators property by will. Existing law establishes the Uniform Testamentary Additions to Trusts Act, under which a valid devise of property may be made by will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or by some other person, commonly referred to as a pour-over will. Existing law authorizes that devise if the trust is identified in the testators will and its terms are set forth in a written instrument other than a will executed before or concurrently with the execution of the testators will.
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22	33		This bill would also allow that written instrument to be executed within 60 days after the execution of the testators will. The bill would make technical, nonsubstantive changes to these provisions.
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24	35		## Digest Key
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26	37		## Bill Text
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28	39		The people of the State of California do enact as follows:SECTION 1. Section 6300 of the Probate Code is amended to read:6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established 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 settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testators will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testators will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.(b) Unless the testators will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testators will).(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
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30	41		The people of the State of California do enact as follows:
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32	43		## The people of the State of California do enact as follows:
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34	45		SECTION 1. Section 6300 of the Probate Code is amended to read:6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established 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 settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testators will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testators will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.(b) Unless the testators will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testators will).(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
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36	47		SECTION 1. Section 6300 of the Probate Code is amended to read:
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38	49		### SECTION 1.
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40	51		6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established 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 settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testators will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testators will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.(b) Unless the testators will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testators will).(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
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42	53		6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established 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 settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testators will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testators will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.(b) Unless the testators will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testators will).(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
43	54
44	55		6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established 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 settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testators will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testators will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.(b) Unless the testators will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testators will).(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.
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48	59		6300. (a) A devise, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established 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 settlor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testators will and its terms are set forth in a written instrument (other than a will) executed before, concurrently with, or within 60 days after the execution of the testators will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the trust property). The devise is not invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator.
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50	61		(b) Unless the testators will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the death of the testator (regardless of whether made before or after the execution of the testators will).
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52	63		(c) Unless otherwise provided in the will, a revocation or termination of the trust before the death of the testator causes the devise to lapse.