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 ?
2 Answers from Attorneys
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.
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.