Legal Question in Wills and Trusts in Virginia

Is there a law that mandates the division of assets in equal shares to direct descendants ? or can a Will be arbitrary in deciding which direct descendant may be eliminated

Asked on 3/31/17, 7:02 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, such an "Orwellian mandate" could well be contrary to the intentions

or preferences of the testator, i.e., the maker of the will, and therefore would never

stand scrutiny under our particular system of justice. (The testator, consequently, has

virtually unlimited discretion to be as arbitrary in deciding how such assets will

be distributed as s/he may wish to be.)

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Answered on 3/31/17, 9:50 am

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