Rule 7.650. Decree of distribution establishing testamentary trusts

(a) Determining the trust.

Upon distribution, the court must:

(1)  Determine whether or not a valid trust has been created by the will;

(2)  Determine the terms of the trust; and

(3)  Order distribution of the trust property to the trustee.

(Subd (a) amended effective January 1, 2002.)

(b) Terms of the trust.

The order for distribution must incorporate the terms of the trust so as to give effect to the conditions existing at the time distribution is ordered. The pertinent provisions must be stated in the present tense and in the third person instead of quoting the will verbatim.

(Subd (b) amended effective January 1, 2002.)

Rule 7.650 amended effective January 1, 2002; adopted effective January 1, 2000.


Rules that reference this rule: N/A