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S1323................................................by JUDICIARY AND RULES DRY TRUSTS - Amends and adds to existing law to reference trusts executed concurrently with a will; and to set forth provisions applicable to dry trusts. 01/30 Senate intro - 1st rdg - to printing 01/31 Rpt prt - to Jud 02/09 Rpt out - rec d/p - to 2nd rdg 02/10 2nd rdg - to 3rd rdg 02/17 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Fulcher, Jorgenson Floor Sponsor - Sweet Title apvd - to House 02/20 House intro - 1st rdg - to Jud 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 65-0-5 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Collins, Crow, Smith(30), Wood Floor Sponsor - Hart Title apvd - to Senate 03/17 To enrol 03/20 Rpt enrol - Pres signed - Sp signed 03/21 To Governor 03/22 Governor signed Session Law Chapter 161 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1323 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO TRUSTS; AMENDING SECTION 15-2-511, IDAHO CODE, TO REFERENCE TRUSTS 3 EXECUTED CONCURRENTLY WITH A WILL; AND AMENDING CHAPTER 7, TITLE 15, IDAHO 4 CODE, BY THE ADDITION OF A NEW PART 7, CHAPTER 7, TITLE 15, IDAHO CODE, TO 5 SET FORTH PROVISIONS APPLICABLE TO DRY TRUSTS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 15-2-511, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 15-2-511. TESTAMENTARY ADDITIONS TO TRUSTS. 10 (1) (a) A will may validly devise property to the trustee of a trust 11 established or to be established: 12 (i) During the testator's lifetime by the testator or by the testa- 13 tor and some other person or by some other person, including a funded 14 or unfunded life insurance trust, although the trustor has reserved 15 any or all rights of ownership of the insurance contracts; or 16 (ii) At the testator's death by the testator's devise to the trustee 17 if the trust is identified in the testator's will and its terms are 18 set forth in a written instrument, other than a will, executed 19 before, concurrently with, or after the execution of the testator's 20 will or in another individual's will if that other individual has 21 predeceased the testator, regardless of the existence, size, or char- 22 acter of the corpus of the trust. 23 (b) The devise is not invalid because the trust is amendable or revoca- 24 ble, or because the trust was amended after the execution of the will or 25 the testator's death. 26 (2) Unless the testator's will provides otherwise, property devised to a 27 trust described in subsection (1) of this section is not held under a testa- 28 mentary trust of the testator but it becomes a part of the trust to which it 29 is devised and must be administered and disposed of in accordance with the 30 provisions of the governing instrument setting forth the terms of the trust, 31 including any amendments thereto made before or after the testator's death. 32 (3) Unless the testator's will provides otherwise a revocation or termi- 33 nation of the trust before the testator's death causes the devise to lapse. 34 SECTION 2. That Chapter 7, Title 15, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW PART, to be known and desig- 36 nated as Part 7, Chapter 7, Title 15, Idaho Code, and to read as follows: 37 PART 7. 38 DRY TRUSTS 39 15-7-701. DRY TRUSTS. A trust shall be valid and enforceable even though 40 it may not be funded at a given time, or from time to time, or does not have 2 1 any res or corpus or otherwise contain any asset of any nature.
STATEMENT OF PURPOSE RS 15746 A question has arisen in the legal and banking community as to whether a trust can be created, or exist, without any current assets held by the trust - commonly called a "dry trust". Under common law, these trusts were usually not allowed, and a trust had to have a "corpus" or "res" at all times to be valid. However, these types of trusts are now often created to receive assets at a later date, often from the provisions of a Will, or from an insurance policy or other beneficiary asset. Idaho has previously authorized, in section 15 2-511, set forth in Section One of the bill, the use of these types of trusts as the beneficiary of a bequest from a Will. Section One adds "concurrently with" to cover the situation where the Will and the Trust are executed simultaneously. However, that statute left unclear whether a dry trust could exist under other circumstances. Dry trusts are a handy estate planning tool, and requiring a small holding of some sort in the trust can complicate their use, and may then require tax reporting or accountings. Therefore, this bill, in Section Two, clearly, under all circumstances, allows the existence of dry trusts. FISCAL NOTE This bill will have no fiscal impact. Contact Name: Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc. Phone: 208-336-9880 Cell: 208-631-2481 STATEMENT OF PURPOSE/FISCAL NOTE S 1323