Legal Question in Wills and Trusts in Virginia

My grandfather passed away in 12/10 and he has a Trust which names his children or their descendants as beneficiaries. My father (his son) passed away two years ago, so I assume the interest passes on to my siblings and I per the trust document. He also signed a letter two weeks prior to death stating that he would like my siblings and I to recieve a sum of money, but made no reference to removing our beneficiary interest from the trust. The document is not witnessed or notarized, and simply states "I would like to change my will/trust" followed by his request to fund a sum of money to us. Is this letter valid? Does this mean I get the sum provided in the letter AND we are entitled to my father's share of the remaining trust assets, or does the letter remove my interest as a beneficiary? Thanks!


Asked on 2/25/11, 8:25 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I would suggest that you arrange to consult with a local attorney who

handles probate and trust matters so that s/he might have the opportunity to

review your trust instrument as well as the letter from the decedent (including

the relevant facts surrounding its execution) and who then should be in a

position to advise you on these matters, accordingly.

Your questions would appear to involve the legal doctrine/principle of ADEMPTION and ABATEMENT which this attorney should be able to further explain to you as it may relate to the facts of your case.

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Answered on 2/25/11, 8:53 am
Paul B. Ward Law Offices of Paul B. Ward

The answer is not clear from the facts, but if your father died before his father, his "will" would not affect your inheritance under your grandfather's trust, unless perhaps there's something in the trust to the contrary. An important additional question of fact is whether your father's notarized letter was in his handwriting alone; if so, it might qualify as a codicil to his prior will if he lived in Virginia. If not, it probably will have no impact on what his prior will (if there was one) provided. I further don't see how his reference to "his trust" could mean his father's trust (your grandfather) assuming your grandfather's trust was revokable up the the time of the grandfather's death, which would be after your father's death.

All in all, you need to have counsel in your father's jurisdiction look at the paperwork.

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Answered on 2/25/11, 11:23 am


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