Legal Question in Wills and Trusts in Virginia
Last will & testament
Can a will be void if the party named as wife is not legally married to the deceased?
Asked on 8/08/08, 11:33 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Last will & testament
No, assuming that the will is otherwise valid, the fact that one of the beneficiaries named in the will was in fact not married to the decedent should not void the will itself, but could possibly affect this person's statutory rights to exercise certain options under the will as a spouse that she otherwise would not have if she were not the wife of the deceased.
Answered on 8/09/08, 7:21 am