If a will mentions a trust that was never set up is the will valid?

Answer 1

Wills signed by the deceased and witnessed are always valid. Often the elderly may change their minds, but never change their Wills, so the last Will and Testament is the final word. Whatever is in that Will is the way it will be played out. Marcy ==Clarification== If a Will directs that certain property be placed in a trust and the trust was never created the property would remain in the testators estate. The failure to create the trust may result in that property passing as intestate property. The Will is still valid as to any other bequeasts. The property that was to go to the trust would pass according to the residuary clause in the will if there is one. If there is no provision in the Will for property not specifically mentioned then it would be divided equally among the legal heirs as intestate property. Please note that in reality, many, many wills are so poorly written that a judge must make a decision as to the distribution of the property of the decedent. Therefore, the judge has the "final word" by deciding if the will is valid and then by interpreting it if the will was poorly drafted.