Abolition of no-residue-of-a-residue rule applies to revocable trust used as will substitute

In In re Estate of Zilles, 200 P.3d 1024 (Ariz. Ct. App. 2008), the court held that the judicial abolition of the no-residue-of-a-residue rule in a case concerning a will also applies to a revocable trust that disposes of property at the settlor’s death.

The court relied heavily on the provisions of Restatements Third of Property (§ 5.5 cmt. p) and of Trusts (§ 25(2) and § 25 cmt. e(1)) which state that the rules governing wills should generally apply to revocable trusts used as will substitutes.