Section 6.82 Contingent Beneficiaries (Residuary Devisees and Heirs)
| Library | Trusts and Powers 2013 Supp |
3. (§6.82) Contingent Beneficiaries (Residuary Devisees and Heirs)
In light of the tremendous popularity of so-called “pour-over” wills—wills that provide that probate estate assets must be added to, and thereafter remain subject to the terms of, a separate inter vivos trust agreement—counsel should be aware of and consider the potential interests of takers-in-default. For example, when a decedent devises a portion of that decedent’s probate estate to the trustee of the decedent’s inter vivos trust, the...
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