Share

Fairfax, VA Probate Blog

Monday, February 23, 2015

What Happen If Beneficiary of a Devise or Bequest Pre-deceased the Decedent?

Unless a contrary intention appears in the Will, and except as provided in § 64.2-418,

If a devise or bequest other than a residuary devise or bequest fails for any reason, it shall become a part of the residue; and

If the residue is devised or bequeathed to two or more persons and the share of one fails for any reason, such share shall pass to the other residuary devisees or legatees in proportion to their interests in the residue.

Notwithstanding the provisions of §§ 64.2-2604 and 64.2-2605 and unless a contrary intention appears in the Will, if a testator makes a bequest, not exceeding the value of $100, to a legatee and such legatee refuses to take possession of such bequest, then the bequest shall fail and becomes a part of the residue of the testator's estate.

However, if the bequest was for money (legacy >$100) or it was a devise (for land), then said distribution may not fail. It may pass to the descendants of the beneficiary if the beneficiary was the decedent’s grandparent or a descendant of such grandparent

Virginia Code § 64.2-418
Unless a contrary intention appears in the Will, if a devisee or legatee, including a devisee or legatee under a class gift, is (i) a grandparent or a descendant of a grandparent of the testator and (ii) dead at the time of execution of the Will or dead at the time of testator's death, the children and the descendants of deceased children of the deceased devisee or legatee who survive the testator take in the place of the deceased devisee or legatee. The portion of the testator's estate that the deceased devisee or legatee was to take shall be divided into as many equal shares as there are (a) surviving descendants in the closest degree of kinship to the deceased devisee or legatee and (b) deceased descendants, if any, in the same degree of kinship to the deceased devisee or legatee who left descendants surviving at the time of the testator's death. One share shall pass to each such surviving descendant and one share shall pass per stirpes to such descendants of deceased descendants.



The Lenzi Law Firm, PLLC assists clients throughout Northern Virginia and Washington D.C. including Fort Washington, Falls Church, Ft. Myer, Vienna, Rosslyn, Springfield, Mount Vernon, Annandale, Fort Belvoir, Fairfax, Dunn Loring, Merrifield, McLean, Oakton, Reston, Burke, Great Falls, Fredericksburg, Stafford and Herndon in Arlington County, Alexandria County, & Fairfax County.



© 2022 The Lenzi Law Firm, PLLC | Disclaimer
1325 Random Hills Rd., #360, Fairfax, VA 22030
| Phone: 703.224.8969

Resources | Probate Attorney Fees | Probate Explained | Multiple Locations

Law Firm Website Design by
Amicus Creative