HARRY HUGHES, Governor

2117

FOR the purpose of permitting a legacy to a trust
established under another will, provided the will
establishing the trust meets certain conditions.

BY repealing and reenacting, with amendments,

Article - Estates and Trusts
Section 4-412(a)
Annotated Code of Maryland
(1974 Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Estates and Trusts

4-412.

(a) (1) A legacy may be made in form or substance to
the trustee under the terms of a testamentary trust
established under another will.

(2) The legacy is valid even if the testamentary
trust or the will establishing the trust was not in
existence when the will containing the legacy was executed,
if [the testator of the will establishing the testamentary
trust predeceased the testator of the will containing the
legacy, and the will establishing the testamentary trust has
been or is subsequently admitted to probate.]:

(I)  THE WILL ESTABLISHING THE TESTAMENTARY
TRUST WAS EXECUTED, OR WAS LAST MODIFIED WITH RESPECT TO THE
TERMS OF THE TRUST, PRIOR TO THE DEATH OF THE TESTATOR OF
THE WILL CONTAINING THE LEGACY; AND

(II)  THE WILL ESTABLISHING THE
TESTAMENTARY TRUST IS OFFERED FOR PROBATE PRIOR TO, OR
WITHIN 9 MONTHS AFTER THE DEATH OF THE TESTATOR OF THE WILL
CONTAINING THE LEGACY; AND

(III)  THE WILL ESTABLISHING THE
TESTAMENTARY TRUST IS ADMITTED TO PROBATE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 20, 1980.

CHAPTER 600