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Revocable Trust not Illusary if Beneficiary Other than the Settlor Exists

Oklahoma The Supreme Court of Oklahoma held in a case of first impression that a revocable inter vivos trust is a valid trust even though the settlor is the trustee and the only beneficiary with a vested interest during her life so long as there is another beneficiary who has a contingent interest (in this case, contingent on surviving the settlor).  The court expressly followed Restatement (Third) Trusts, § 25, comment b affirming the validity of such trusts.  Welch v. Crow, 206 P.3d 599 (Okla. 2009).

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