ULC

Testamentary Additions to Trusts Act Summary

The Uniform Testamentary Additions to Trusts Act (1991) UTATA (1991) arises from revision work done on the Uniform Probate Code Article II in 1990 and the Uniform Act on Intestacy, Wills, and Donative Transfers in 1991. It is incorporated into both of these Acts. It is available, in 1992, as a free-standing Act, and is a revision of the original UTATA, promulgated in 1960.

UTATA permits a provision in a will to devise property in the estate of the testator to a trust, either one that exists prior to the devise or one that is initially funded by the bequest from the will. Such a provision is commonly called a "pour-over" provision, and such a trust is commonly called a "pour-over" trust. "Pour-over" provisions are a very useful tool for estate planning. Pour-over trusts are frequently used to remove property from the probate estate.

Unless there is a statute authorizing such pour-over arrangements, it is not clear that they can be utilized. UTATA has provided the states with the means to authorize such trusts since 1960.

UTATA (1991) is simply more up-to-date than the original version. It makes clear the availability of pour-over provisions for trusts that are not funded until the bequest funds them. It removes perceived problems with the flexibility of the earlier UTATA in meeting the intent of the person making the will and establishing the trust. UTATA (1991) continues the known advantages of the pour-over concept with better utility than before.