Legal Question in Wills and Trusts in Virginia
What happens when the testamentary trust beneficiary predeceases the testator? Here's the part in the will: "I give, devise and bequeath one fourth of my residuary estate in trust to my trustee (cousin A), which trust is for the benefit of my mother (mother B) for her general welfare. At mother B's death, all of the remaining principle and accumulated interest I give, devise and bequeath to cousin A." Mother B died about a year before the testator, and the testator did not change the will. Does cousin A inherit one fourth of the residuary estate?
1 Answer from Attorneys
It's not worded a clearly as it could be, but it appears to me that the intent of the testator was to give A everything left over from one fourth of the residuary estate after taking care of the mother. The mother having predeceased the testator, that would be all of one fourth.
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