Legal Question in Wills and Trusts in Virginia
If the heirs agree, can bequests be made other than those specified in the will, i.e. to grandchildren?
2 Answers from Attorneys
Yes, of course, once these bequests have been made to the beneficiaries
named in the will and according to the terms therein. (These would then not be bequests but merely gifts from the beneficiaries to these grandchildren or whomever.)
If the idea is to skip a generation, the better approach may be to have one or all of the children disclaim their inheritance; the effect in Virginia would be to deem those disclaiming to have predeceased the testator. BUT, it's important to review carefully the language ot the will to be sure that the bequest to one who has predeceased the testator would flow through to the deceased beneficiary's heirs, rather than to the other children or some other entity.
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How do I go about leaving my adult children out of my will? Asked 9/02/11, 9:29 am in United States Virginia Probate, Trusts, Wills & Estates