Legal Question in Wills and Trusts in Virginia
Is there a law that mandates the division of assets in equal shares to direct descendants ? or can a Will be arbitrary in deciding which direct descendant may be eliminated
Asked on 3/31/17, 7:02 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
No, such an "Orwellian mandate" could well be contrary to the intentions
or preferences of the testator, i.e., the maker of the will, and therefore would never
stand scrutiny under our particular system of justice. (The testator, consequently, has
virtually unlimited discretion to be as arbitrary in deciding how such assets will
be distributed as s/he may wish to be.)
Answered on 3/31/17, 9:50 am
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