What is an upgrade/downgrade provision?
An upgrade/downgrade provision is a part of inheritance law in West Virginia that deals with how a person’s property is distributed. Upgrade/downgrade provisions allow people to upgrade or downgrade the amount of inheritance given by a decedent based on the circumstances. For example, if a will states that a decedent’s children should inherit equal amounts, but one of the children is financially better off than the others, the family can agree to “downgrade” the inheritance of the more financially stable child to give the other children more. Similarly, if one of the children is in need of greater financial support, the family can agree to “upgrade” the inheritance of the less well-off child to benefit them more. These provisions are used to help make sure that an estate is distributed fairly between all the beneficiaries.
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