Legal Question in Wills and Trusts in Virginia

Last will & testament

Can a will be void if the party named as wife is not legally married to the deceased?


Asked on 8/08/08, 11:33 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Last will & testament

No, assuming that the will is otherwise valid, the fact that one of the beneficiaries named in the will was in fact not married to the decedent should not void the will itself, but could possibly affect this person's statutory rights to exercise certain options under the will as a spouse that she otherwise would not have if she were not the wife of the deceased.

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Answered on 8/09/08, 7:21 am


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