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?
02/24/2017 |
Category: Wills and Estates |
State: District Of Columbia |
#32821
Answer:
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.”