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If a will is invalid, will the interest in the will pass on to the beneficiaries named in the will?

If a will is invalid, will the interest in the will pass on to the beneficiaries named in the will?

Full question:

If a will is invalid, will the interest in the will pass on to the beneficiaries named in the will?

Category: Wills and Estates
Date: 04/07/2025
State: District of Columbia

Answer:

If a will is invalid then the interest in the will does not pass to the named beneficiaries. The relevant law here would be-
D.C. Code § 18-105 reads:
“Retention or demand of void devise or legacy by attesting witness prohibited.

A person to whom a beneficial devise, legacy, estate, interest, gift, or power of appointment is given or made in a will or codicil, which is void under section 18-103, may not, in any manner or under any color or pretense whatsoever:
     (1) demand or take possession of or receive any profits or benefit of or from the devise, legacy, estate, interest, gift, or power of appointment so given or made; or
     (2) demand, receive, or accept from another person the beneficial devise, legacy, estate, interest, gift, or power of appointment or any satisfaction or compensation therefor.”

D.C. Code § 18-103 states:
“Execution of written will; attestation.

A will or testament, other than a will executed in the manner provided by section 18-107, is void unless it is:
     (1) in writing and signed by the testator, or by another person in his presence and by his express direction; and
     (2) attested and subscribed in the presence of the testator, by at least two credible witnesses.”

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.

FAQs

What happens if a will is found invalid?

If a will is found invalid, the estate will be distributed according to the laws of intestacy, which means the state will determine how to divide the assets. This typically involves distributing the estate to the deceased's closest relatives, such as a spouse, children, or parents, rather than following the wishes outlined in the invalid will. The specific rules can vary by state, so it's important to consult local laws for guidance.

Do beneficiaries on accounts supersede wills?

Yes, beneficiaries named on accounts, such as life insurance policies or retirement accounts, generally supersede the instructions in a will. This means that the assets will go directly to the named beneficiaries regardless of what the will states. The will does not control these assets since they pass outside of probate. However, it's essential to ensure that beneficiary designations are up to date.

Do beneficiaries take precedence over a will?

Beneficiaries named in certain accounts or trusts take precedence over a will when it comes to those specific assets. This means that if an asset has a designated beneficiary, it will go to that person, regardless of the instructions in the will. However, for assets that are part of the probate estate, the will's instructions will be followed.

What makes a will null and void?

A will can be deemed null and void for several reasons, including lack of proper execution (not being in writing, not signed by the testator, or not witnessed as required), the testator lacking the mental capacity to make a will, or if the will was created under undue influence or fraud. Each state has specific laws detailing the requirements for a valid will.

Does a bank account beneficiary override a will?

Yes, a bank account beneficiary designation typically overrides the instructions in a will. If a bank account has a named beneficiary, that person will receive the funds directly upon the account holder's death, bypassing the probate process and the will. It's crucial to keep beneficiary designations current to reflect your wishes.

Which of the following is a reason for a will to be deemed invalid?

A will can be deemed invalid for several reasons, including failure to meet state requirements for execution, such as not being in writing, not being signed by the testator, or lacking the necessary witnesses. Additionally, if the testator was not of sound mind or was under undue influence when creating the will, it may also be invalid.