Legal Question in Wills and Trusts in Virginia

Re: estate rent

First, I think the language "The Grantor intends and directs" is legally weak and I would not have written it that way, but I suppose overall the intent is clear enough.

Ordinarlly, I would say no, unless there is some other part of the will that would suggest rent should be paid. It seems to me the intent of the will is for the daughters to have the use of the house.

Where it might be necessary to make an exception would be if there is not sufficient money in the trust to maintain the house. Faced with a choice between losing the house (which is not the will's intent), the Trustee might well be justified in asking for contribution to hold on to the house by paying expenses.

The other reason for an exception would be to equalize the treatment between the two heirs. If one daughter is living there and the other is not this would result in the daughter living in the house getting more of a benefit than the other daughter paying for her own living space (although it would be her choice).

The language that you quote would suggest to me that the intent was not to require rent for this purpose, but to provide an opportunity to live there. One might even think that it was the grantor's wish that the daughter's WOULD actually live there, so tha tthe intent is not to provide an equal benefit in equal shares, but to encourage the daughters to actually live there, together. If one daughter chooses to do smoething else, it would not be the grantor's main goal.

However, other language in the will that you did not quote could very well emphasize that the benefit of the will overall should be equal between both daughters.