Authority; Amendability or Revocability of Trust; Manner of

Holding, Administering and Disposing of Property Devised or Bequeathed; Lapse. A devise or bequest, the validity of which is determinable by the law of Guam, may be made by a will to the trustee of a trust established or to be established by the testator or by the testator and some other person or by some other person, if the trust is identified in the testator's will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator's will, or in the valid last will of a person who has predeceased the testator (regardless of the existence, size or character of the corpus of the trust). The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will COL10312014 CH. 7 TESTAMENTARY ADDITIONS or after the death of the testator. Unless the testator's will provides otherwise, the property so devised or bequeathed

(a)shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given, and

(b)shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of the testator's will) and, if the testator's will so provides, including any amendments to the trust made after the death of the testator. A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse.