{"data":{"id":"us-dc/d.c.-code-18-306","jurisdiction":"us-dc","citation":"D.C. Code § 18-306","heading":"“Pour over” trusts.","body":"(a)\nUnless the will or codicil otherwise provides:\n(1)\nthe devise or bequest is not invalid because the trust was amended or modified after the will or codicil was executed, and the devise or bequest shall be given effect in accordance with the terms of the trust as they appear in writing on the date of death of the testator, including any amendment or modification;\n(2)\nproperty passing under the devise or bequest passes directly to the trustees of the inter vivos trust and becomes a part of the assets of the trust, and is not deemed to be held under a separate testamentary trust;\n(3)\nan entire revocation of the trust prior to the death of the testator invalidates the devise or bequest even though the revocation was not effected in the manner provided by law for the revocation of wills and codicils;\n(4)\na termination of the trust, except by way of revocation, in accordance with the terms of the trust or by its exhaustion or by operation of law or otherwise does not invalidate the devise or bequest.\n\n(b)\nUnless the will otherwise provides:\n(1)\nproperty passing under the devise or bequest is deemed to pass directly to the trustees of the testamentary trust and becomes a part of the assets of the trust, and is not deemed to be held under a separate testamentary trust;\n(2)\na termination of the trust in accordance with the terms of the trust or by its exhaustion or by operation of law or otherwise does not invalidate the devise or bequest.\n\n(c)\nThis section applies to a devise or bequest made by a testator living on December 5, 1963, or born subsequent thereto, without regard to the date of execution of the will or codicil containing the devise or bequest or of the trust instrument, or an amendment thereto.\n\n(d)\nThis section does not affect the validity, as existing before December 5, 1963, of:\n(1)\na devise or bequest made by a testator who died prior to December 5, 1963; or\n(2)\na devise or bequest which does not come within this section.","path":["Title 18. Wills. [Enacted title]","Chapter 3. Devises and Bequests."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/18-306","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"125cf902a8e2f9dcd080a7e55209b2107af57a5e28f0f955c8b28ac2169a76b7","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-18-305","next":"us-dc/d.c.-code-18-307"},"notice":"GroundRules: Original legal text. Not legal advice."}