Legal Question in Wills and Trusts in Virginia
By what mechanism can I remove a beneficiary when the trustees and all beneficiaries agree. The beneficiary to be removed also agrees.
Asked on 4/16/10, 1:45 am
1 Answer from Attorneys
Jonathon Moseley
Moseley & Associates Law Firm
Talking about a trust, if everyone agrees then it is fairly easy. A document titled an Amendment and written sort of like a contract that simply amends the trust to remove the beneficiary will do it, as long as everyone signs it. To make sure that there is no question about everyone agreeing, it would be a good idea to have everyone's signature witnessed by a Notary Public.
Note that it is NOT that simple with a will. Modifying a will requires a great deal of formality to all the signatures.
Answered on 4/21/10, 6:05 am