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What happens if a will is invalid for beneficiaries?

What happens if a will is invalid for beneficiaries?

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, the interests specified in it do not pass to the named beneficiaries. According to D.C. Code § 18-105, a person who is supposed to receive a beneficial devise, legacy, or gift in a void will cannot demand, take possession of, or receive any benefits from it. This means they cannot accept any compensation related to that devise or legacy.

Furthermore, D.C. Code § 18-103 outlines the requirements for a valid will. A will is void unless it is in writing, signed by the testator (or another person at their direction), and attested 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.