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Testimentary Trust
Portland, OR
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Posted about 1 year ago in Trusts
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My father past away last year in a foreign country. His will was written about three years before he died. He had a testamentary trust included in the will. In Oregon, a will is revoked when you re-marry, which he did about two months before he died. Is the trust he set up in the will revoked?
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Answers (1)
Mark E. Biernath
This attorney is licensed in Georgia.
Posted about 1 year ago.
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The problem with testamentary trusts are that they do not exist until the will is admitted to probate and probate creates the trust, so if the will cannot be admitted to probate, the trust never gets created, so what you have described above, the will was revoked by the new marriage, so the will cannot be probated, therefore the trust is never created. If there is no will, then his assets will pass according to intestacy, according to the law of the jurisdiction where he was last domiciled, you mention he was in a foreign country. If he was in the foreign country just visiting, then that would not be his domicile, but if he had moved there intending to remain there permanently, that may be the jurisdiction that will govern his estate. Hope this helps.
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