Legal Question in Wills and Trusts in Virginia
Wills and Trusts
My husband /II married after losing first spouses. We have 11 children between us. Our Virginia lawyer put the names of ''children' and 'step children' in wills and trusts. Onl natural children are heirs of each estates and the home in the trust will be split 50/50. Some concern by a few that ''naming'' all in the wills is a threat - we were assured it is not.
Looking for the reason those names are included. Thanks
1 Answer from Attorneys
Re: Wills and Trusts
Yes, it would seem that generally referencing children and stepchildren in the wills and trusts under the circumstances which you've described could possibly lead to problems with the possibilty of ambiguous interpretations as to what precise individuals are the intended beneficiaries.
One of the objectives of any attorney
drafting a will or trust should always be clarity of language and the avoidance of any term(s)in the document which could lead to confusion or ambiguity with respect to the true intentions of the testator or settlor.
That objective would appear not to have been met with indisputable success in the drafting of the documents which you've described.
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