Legal Question in Wills and Trusts in Virginia

Re: Language in wills

If I understand you, unless the will explicitly changes the normal rules, if a son or daughter dies BEFORE the parent dies, THEIR OWN children stand in their place.

So, if there are three children, A, B, C of the parent, and then the parent dies....

... but A has already died and has grandchildren 1, 2, and 3...

... then the inheritance is divided into THREE (3) pots for A, B, and C.

B and C walk away.

But A is not finished yet. The pot for A is then divided again between grandchildren 1, 2, and 3.

(NOTE: If A died AFTER the parent died, but BEFORE the will was processed and the inheritance was distributed, then you have to obey A's will. A actually owned the inheritance before A died, even though A did not receive it yet. So it is included in A's last will and testament.)

But the will can CHANGE this standard rule.

Watch for the phrases "per stirpes" or "per capita."

"Per stirpes" is the same rule I just explained.

But "per capita" would be a change from the normal rule. It literally means "PER HEAD." So each person shares EQUALLY no matter what generational level they are at.

However, there can also be wording of the will that means that the 2nd generation would get nothing, if the wording clearly directs the money to someone else instead.

But that would have to be very clear, to make the children's children get nothing.