Idaho State Statutes - Idaho Attorney Directory

(1) (a) A will may validly devise property to the trustee of a trust
established or to be established:
(i) During the testator's lifetime by the testator or by the
testator and some other person or by some other person, including a
funded or unfunded life insurance trust, although the trustor has
reserved any or all rights of ownership of the insurance contracts;
or
(ii) At the testator's death by the testator's devise to the trustee
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 after the execution of the testator's will or in another
individual's will if that other individual has predeceased the
testator, regardless of the existence, size, or character of the
corpus of the trust.
(b) The devise is not invalid because the trust is amendable or
revocable, or because the trust was amended after the execution of the
will or the testator's death.
(2) Unless the testator's will provides otherwise, property devised to a
trust described in subsection (1) of this section is not held under a
testamentary trust of the testator but it becomes a part of the trust to which
it is devised and must be administered and disposed of in accordance with the
provisions of the governing instrument setting forth the terms of the trust,
including any amendments thereto made before or after the testator's death.
(3) Unless the testator's will provides otherwise a revocation or
termination of the trust before the testator's death causes the devise to
lapse.

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