Full question:
If the holographic will states money to be given to only living brothers & sisters, will that leave nieces & nephews of deceased out of will?
- Category: Wills and Estates
- Date:
- State: Arkansas
Answer:
A holographic will is one that is handwritten, dated, and signed by the testator (the person making the will). In some states, these wills do not require witnesses to be valid. However, they are scrutinized closely and are less commonly recognized than other types of wills.
The answer to your question depends on the specific language used in the will. If the will states that money is to be given only to living brothers and sisters, then it likely excludes nieces and nephews of any deceased siblings. This is because the term 'living brothers and sisters' typically does not include the children of deceased siblings unless the will specifies otherwise.
If the will does not provide for the distribution to the children of a predeceased sibling, then those nieces and nephews would not receive anything. Instead, the gift would become part of the residue of the estate, which may not include grandchildren if there are surviving children of the testator.
If the holographic will is deemed invalid, the estate would be distributed according to intestate laws, which dictate how assets are divided when someone dies without a valid will. In Arkansas, for example, intestate succession laws outline how property passes to heirs, including siblings and their descendants (Ark. Stat. § 28-9-214).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.