Virginia Bar Prep – Wills (100% Accurate) 2024
Virginia Code - When Intestate Succession Rules Apply correct answers i. decedent left no will;
ii. decedent's will is denied probate (will not properly executed/will successfully contested by
decedent's heirs); or
iii. decedent left a will but the will does not make a complete disposition of the estate (partial
intestacy)
The omitted spouse statute correct answers spouse who marries testator after will's execution
takes intestate share
the predetermined child statute correct answers child born or adopted after will's execution takes
intestate share.
Heirs correct answers people who inherit property by intestate sucession
beneficiaries (or legatees/devisees) correct answers people who take property under a will
Intestate Share of Surviving Spouse correct answers 1. Not Survived by Descendants: SS gets
entire estate
2. Survived by SS's Descendants who are also descendants of surviving spouse (one-marriage
situation): SS gets entire estate
3. Survived by Non-SS's Descendants: SS gets 1/3, other descendants get 2/3
4. Desertion or Abandonment at time of Testator's Death: SS gets nothing
5. No SS or Descendants: to decedent's parent(s)
6. No SS, Descendants, Parents: to decedent's siblings
7. Escheat: property goes to the Commonwealth
Intestate Shares of Other Heirs correct answers Descendants take per capital at each generation.
(i.e. each kid takes a share, kids that predecease the testator have their shares repooled for the
grandkids).
Will -> Wife -> Descendants -> Parents -> Brothers/Sisters & their heirs -> Maternal & Paternal
Grandparents & Heirs -> Escheat
"Laughing Heir" Statute correct answers (A "laughing heir" is a person so remotely related to the
decedent as to suffer no sense of bereavement at his passing.)
Virginia has no such statute. No matter how remotely related to the decedent, a person can
qualify as an heir.
,Will Provision Attempting to Disinherit is Ineffective correct answers If a decedent wants to
disinherit someone, he must make a complete disposition of his estate by his will. If any portion
of the estate passes by intestate succession, the intestacy statute and not the will governs the
distribution.
Adopted Child correct answers Same inheritance rights as a natural child;
cannot inherit from natural parents unless:
1. adoption by spouse of natural parent; or
2. involuntary termination of parental rights
Stepchildren and Foster Children correct answers Have no inheritance rights unless adopted by
the stepparents or foster parent.
The doctrine of adoption by estoppel, permits a child to inherit form or through a stepparent to
foster parent attempts to gain legal custody but fails to comply with statutory formalities or when
legal custody of a child is gained. *This is NOT RECOGNIZED in Virginia.
Nonmarital Children correct answers A nonmarital child (and his kin) has full inheritance rights
from his mother and the mother's kin (and vice versa). For purposes of inheritance, the natural
father is considered to be the parent of a nonmarital child only if one of the following tests is
met:
1. father married mother before or after child's birth (even if marriage void/voidable)
2. clear and convincing evidence that man is child's father
3. action to establish paternity must be filed w/i one year of man's death
Assisted Conception correct answers If a person consents to being a parent in a writing executed
prior to an assisted conception (artificial insemination, in vitro fertilization, etc.), the resulting
child is the consenting parent's child for inheritance purposes, even though born after the parent's
death.
To inherit, such a child must be born within the parent's lifetime or within 10 months after the
parent's death
Posthumous Child Takes As Heir correct answers Generally, one claiming as an heir must be
alive at the decedent's death. An exception is made for a child or other relative of the decedent
who was conceived and in gestation before the decedent's death and is born thereafter. The
posthumous child (or other heir) takes as if born during the decedent's lifetime.
Half Bloods Take Half as Much as Whole Bloods correct answers collateral kin of the half-blood
(with only one common parent) inherit only half as much as relatives of the whole blood.
, Two Lines of Relationship correct answers A person related to the decedent through two lines of
relationship takes a single share, based on the relationship that gives her the larger share.
120 Hour Rule correct answers For intestate succession to apply, heir must survive the decedent
by 120 hours (established by clear and convincing evidence) or deemed predeceased, unless this
would result in escheat to the state.
applies to survivorship estates, wills, trusts, life insurance policies, and other transfers
*default rule that applies ABSENT CONTRARY PROVISION*
contrary provision must explicitly detail specified period of survival or expressly indicate
survival for specified period is not required.
120 Hour Rule - Survivorship Estates correct answers Re: joint tenancies, tenancies by the
entirety, joint bank accounts & survivorship arrangements, unless one co-owner survives other
by 120 hours, 1/2 passes through one co-owner's estate as though he survived and the 1/2 passes
through the other, regardless of who furnished the consideration/made deposits.
120 Hour Rule - Wills, Trusts, Life Insurance Policies, and Other Transfers correct answers
Absent contrary provision in the governing instrument, an individual takes as beneficiary under a
decedent's will, P.O.D. bank account, etc., only if there is clear and convincing evidence that the
individual survived the decedent by 120 hours.
Exception - Governing Instrument makes Contrary Provision
A testator or other transferor can always provide how property should be distributed if parties die
in quick succession.
Clear and Convincing Evidence of Paternity correct answers 1. the man openly cohabited with
the mother during her pregnancy (all 10 months prior to child's birth);
2. the man gave consent to an authorized person (other than the mother) to be named as father on
child's birth certificate;
3. the man allowed the child to use his surname;
4. the man claimed the child as his child on a tax return/other doc. filed w/gov't agency;
5. the man was adjudged to be the father in a paternity suit AND was ordered to pay child
support;
6. the man admitted to paternity in court, or in writing under oath; or
7. genetic tests or other medical/anthropological evidence establish the man is the child father.
Virginia Code - When Intestate Succession Rules Apply correct answers i. decedent left no will;
ii. decedent's will is denied probate (will not properly executed/will successfully contested by
decedent's heirs); or
iii. decedent left a will but the will does not make a complete disposition of the estate (partial
intestacy)
The omitted spouse statute correct answers spouse who marries testator after will's execution
takes intestate share
the predetermined child statute correct answers child born or adopted after will's execution takes
intestate share.
Heirs correct answers people who inherit property by intestate sucession
beneficiaries (or legatees/devisees) correct answers people who take property under a will
Intestate Share of Surviving Spouse correct answers 1. Not Survived by Descendants: SS gets
entire estate
2. Survived by SS's Descendants who are also descendants of surviving spouse (one-marriage
situation): SS gets entire estate
3. Survived by Non-SS's Descendants: SS gets 1/3, other descendants get 2/3
4. Desertion or Abandonment at time of Testator's Death: SS gets nothing
5. No SS or Descendants: to decedent's parent(s)
6. No SS, Descendants, Parents: to decedent's siblings
7. Escheat: property goes to the Commonwealth
Intestate Shares of Other Heirs correct answers Descendants take per capital at each generation.
(i.e. each kid takes a share, kids that predecease the testator have their shares repooled for the
grandkids).
Will -> Wife -> Descendants -> Parents -> Brothers/Sisters & their heirs -> Maternal & Paternal
Grandparents & Heirs -> Escheat
"Laughing Heir" Statute correct answers (A "laughing heir" is a person so remotely related to the
decedent as to suffer no sense of bereavement at his passing.)
Virginia has no such statute. No matter how remotely related to the decedent, a person can
qualify as an heir.
,Will Provision Attempting to Disinherit is Ineffective correct answers If a decedent wants to
disinherit someone, he must make a complete disposition of his estate by his will. If any portion
of the estate passes by intestate succession, the intestacy statute and not the will governs the
distribution.
Adopted Child correct answers Same inheritance rights as a natural child;
cannot inherit from natural parents unless:
1. adoption by spouse of natural parent; or
2. involuntary termination of parental rights
Stepchildren and Foster Children correct answers Have no inheritance rights unless adopted by
the stepparents or foster parent.
The doctrine of adoption by estoppel, permits a child to inherit form or through a stepparent to
foster parent attempts to gain legal custody but fails to comply with statutory formalities or when
legal custody of a child is gained. *This is NOT RECOGNIZED in Virginia.
Nonmarital Children correct answers A nonmarital child (and his kin) has full inheritance rights
from his mother and the mother's kin (and vice versa). For purposes of inheritance, the natural
father is considered to be the parent of a nonmarital child only if one of the following tests is
met:
1. father married mother before or after child's birth (even if marriage void/voidable)
2. clear and convincing evidence that man is child's father
3. action to establish paternity must be filed w/i one year of man's death
Assisted Conception correct answers If a person consents to being a parent in a writing executed
prior to an assisted conception (artificial insemination, in vitro fertilization, etc.), the resulting
child is the consenting parent's child for inheritance purposes, even though born after the parent's
death.
To inherit, such a child must be born within the parent's lifetime or within 10 months after the
parent's death
Posthumous Child Takes As Heir correct answers Generally, one claiming as an heir must be
alive at the decedent's death. An exception is made for a child or other relative of the decedent
who was conceived and in gestation before the decedent's death and is born thereafter. The
posthumous child (or other heir) takes as if born during the decedent's lifetime.
Half Bloods Take Half as Much as Whole Bloods correct answers collateral kin of the half-blood
(with only one common parent) inherit only half as much as relatives of the whole blood.
, Two Lines of Relationship correct answers A person related to the decedent through two lines of
relationship takes a single share, based on the relationship that gives her the larger share.
120 Hour Rule correct answers For intestate succession to apply, heir must survive the decedent
by 120 hours (established by clear and convincing evidence) or deemed predeceased, unless this
would result in escheat to the state.
applies to survivorship estates, wills, trusts, life insurance policies, and other transfers
*default rule that applies ABSENT CONTRARY PROVISION*
contrary provision must explicitly detail specified period of survival or expressly indicate
survival for specified period is not required.
120 Hour Rule - Survivorship Estates correct answers Re: joint tenancies, tenancies by the
entirety, joint bank accounts & survivorship arrangements, unless one co-owner survives other
by 120 hours, 1/2 passes through one co-owner's estate as though he survived and the 1/2 passes
through the other, regardless of who furnished the consideration/made deposits.
120 Hour Rule - Wills, Trusts, Life Insurance Policies, and Other Transfers correct answers
Absent contrary provision in the governing instrument, an individual takes as beneficiary under a
decedent's will, P.O.D. bank account, etc., only if there is clear and convincing evidence that the
individual survived the decedent by 120 hours.
Exception - Governing Instrument makes Contrary Provision
A testator or other transferor can always provide how property should be distributed if parties die
in quick succession.
Clear and Convincing Evidence of Paternity correct answers 1. the man openly cohabited with
the mother during her pregnancy (all 10 months prior to child's birth);
2. the man gave consent to an authorized person (other than the mother) to be named as father on
child's birth certificate;
3. the man allowed the child to use his surname;
4. the man claimed the child as his child on a tax return/other doc. filed w/gov't agency;
5. the man was adjudged to be the father in a paternity suit AND was ordered to pay child
support;
6. the man admitted to paternity in court, or in writing under oath; or
7. genetic tests or other medical/anthropological evidence establish the man is the child father.
