CHAPTER 450

An Act to amend the Code of Virginia by adding a section numbered
64-71.1, to permit a devise or bequest in a will to the trustee or trustees
of a trust established in writing prior to the execution of such will.
Be it enacted by the General Assembly of Virginia: .

1. That the Code of Virginia be amended by adding a section numbered
64-71.1 as follows:

§ 64-71.1. A devise or bequest in a will duly executed pursuant to the
provisions of this chapter may be made in form or substance to the trustee
or trustees of a trust established in writing prior to the execution of such
will, provided that at the testator’s death at least one trustee of such trust
is an individual resident of this State or is a corporation or association
authorized to do a trust business in this State and provided further that
a corporation or association not authorized to do a trust business in this
State is not at the testator’s death a trustee of such trust. Such devise or

uest shall not be invalid because the trust is amendable or revocable or
both by the settlor or any other person or persons or because the trust
instrument or any amendment thereto was not executed in the manner
required for wills or because the trust was amended after the execution
of the will. Unless the will directs otherwise as hereinafter stated, the
property so devised or bequeathed shall be subject to the terms of the trust
as they appear in writing at the testator’s death by becoming a part of the
property then in the trust or, if the will so specifies, by becoming a part
of any one or more particular portions or shares of the property then in
the trust. However, should the will so direct, the property so devised and
bequeathed shall be subject to the terms of the trust only as they appeared
in writing at any specified time prior to the testator’s death relating to the
property in the trust at such previous time or, if the will so specifies, relat-
ing to any one or more particular portions or shares of the property held
in the trust at such previous time. Property devised or bequeathed in
accordance with the provisions hereof shall not be deemed held under a
testamentary trust. The devise or bequest shall not be valid should the
trust be entirely revoked prior to the testator’s death. Also, if the devise
or bequest is to augment only one or more portions or shares of the trust,
whether the will directs that the property devised or bequeathed is to be
held subject to the terms of the trust as they appear in writing at a time
prior to the testator’s death or whether it does not so direct, a revocation
of the trust prior to the testator’s death as to such portion or portions or
share or shares shall render such devise or bequest invalid.