Statutes in effect in the various jurisdictions prescribe certain formalities which must be observed in connection with the execution of a will in order to impart validity to the instrument and entitle it to probate. A valid testamentary trust is created only where the purported will attempting to create it complies with the formalities of the statute of wills. An instrument will be denied probate where it fails to conform at least substantially to the controlling provisions governing the execution of wills. Pertinent statutes should be consulted.
In general terms, a remainder interest refers to someone with a future interest in an asset. It may be a future interest in the estate created by a trust, a contingent interest when a life tenant surrenders a claim to the estate, or a vested interest that becomes effective at a specified future date. It is often created when a grantor leaves property to pass to a family member upon the grantor's death.
A California Testamentary Trust Provision in a Will, with Spouse to Receive a Life Estate in Farm Land with Remainder Interest in Land to Pass to Trust for the Benefit of Children, is a specific estate planning mechanism commonly utilized in California. This type of provision establishes a trust that becomes effective upon the death of the testator (the person creating the will). In this provision, the surviving spouse is given a life estate in a farm or agricultural land, allowing them to use and enjoy the property during the remainder of their lifetime. A life estate grants the spouse certain rights, such as the ability to live on and utilize the land, but they do not have the authority to sell or dispose of the property. The remainder interest in the land, i.e., the ownership rights after the death of the surviving spouse, passes to a trust created for the benefit of the testator's children. The purpose of this provision is to ensure that the farm land remains within the family and benefits future generations, while also providing for the surviving spouse during their lifetime. There are different variations of this particular trust provision, including: 1. Life Estate with Income Interest Trust: In this type of provision, the surviving spouse not only receives the life estate in the farm land but also has the right to receive income generated by the land during their lifetime. The remainder interest still passes to the trust for the benefit of the children. 2. Restricted Life Estate Trust: This provision may limit the surviving spouse's right to utilize the farm land for agricultural purposes only and may impose restrictions on any development or alteration of the property. 3. Qualified Personnel Residence Trust (PRT): A PRT is a specific type of trust that allows the testator to transfer their primary residence or vacation home to the trust while retaining the right to use the property for a specified number of years. At the end of the trust term, the property is then passed to the trust for the benefit of the children. Overall, the California Testamentary Trust Provision in a Will with a Spouse to Receive a Life Estate in Farm Land with Remainder Interest in Land to Pass to Trust for the Benefit of Children serves as a comprehensive estate planning tool to protect the family's agricultural legacy, provide for the surviving spouse during their lifetime, and secure inheritance for the children.
