Legal Question in Wills and Trusts in Pennsylvania

Change of residency

Is my will that was prepared in PA valid in VA now that I have moved to VA ?


Asked on 9/13/05, 9:04 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Change of residency

Yes. If you were a bona fide resident of the

state in which you prepared and executed your

will, then it continues to be valid even if you

move to other states later. However, if you live

in Virginia and go visit Pennsylvania and execute

your will in a state that you do NOT live in at

the time, then it would not be valid. But if you

were a legitimate resident of Pennsylvania at

the time, then the will is valid in Pennsylvania

and anywhere else in the country. Under the Full

Faith and Credit clause of the U.S. Constitution,

every other State is obligated to honor the will.

Ironically, however, if you die a resident of

Virginia, then Virginia law would govern the

interpretation of what your will means.

So, it depends on what you mean by "valid?"

The will would be valid. But it could have some

different results under Virginia law than under

Pennsylvania law. Frankly, this would be highly

unusual these days as most wills are very basic

and standard and deal with the most common areas

of estate law. However, it is remotely possible

that your will might have some different result

under Virginia law than it would had you stayed

in Pennsylvania, even though this is not likely.

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Answered on 9/19/05, 10:13 am
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Change of residency

Generally speaking, yes. Unless your will has some provision that was unique to Pennsylvania law or omits something required uner Va. law. You may want to have it reviewed by a Va. attorney.

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Answered on 9/13/05, 9:51 pm


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