Legal Question in Wills and Trusts in Virginia
Wills involving Fiduciary Trst
If someone has a fiduciary trustee due to being declared incompetent is it possible for that person to establish a legal will to state how he wants his assets distributed upon his death. If so what are the guidelines to establish a binding will?
1 Answer from Attorneys
Re: Wills involving Fiduciary Trst
Yes, quite probably, this person would still be considered competent to execute a valid will as the legal standard for determining such is surprisingly quite low, but given the prior declaration regarding this potential testator's competence, it would seem highly advisable for this person to seek the opinion of an attorney who practices in the area of trusts, wills and estates, and who should be able to render a competent opinion on this issue after having had an opportunity to review all of the pertinent facts as well as documents which may be associated with this matter.
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