Legal Question in Wills and Trusts in Pennsylvania

Last Will and Testament

A man has a daughter and writes a will prior to marriage and his conception of 3 additional children. Is a will valid even though he wrote it prior to marriage and named his daughter as the executrix of his estate, if in the will he made provisions in the event of his marriage to his current wife, though he made no mention of the other children? (ie) that she be paid a lump sum of money and everything go to his eldest daughter (conceived prior to the marriage)

Asked on 10/23/07, 1:26 am

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

Re: Last Will and Testament

The will may be valid. The wife has a right to elect against the will if it will provide a larger share than what was left her in the will. This also assumes no prenuptuial agreement. As to the other children if they are not provided for in the will ie an afterborn clause. Then presumably all to the first child subject to wife's interest would most likely uphold. You should in any event consult with an attorney to review the will and and your intentions.

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Answered on 10/23/07, 10:02 am

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