Search the Virginia Code for the current laws.
Basically Says:
any written doument that is refered to by a will that has no other legal purpose, that bears the signature of the testator, and must exsist at the time of the testators death.
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Only a practicing lawyer can advertise to draft wills for other people.
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If a will fails to be in compliance with Title 64.2 - 403, it may still be admitted to probate if the will itself manifests intent through clear and convincing evidence.
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If the will meets the minimum requirments of § 64.2 – 403, then any will that nominates a personal representative will have the appoint of the personal representative honored by the court.
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If Title 64.2 - 403 and 406 are not complied with, service members wills still have a presumption of valid intent.
Title 64.2 - Wills, Trusts, and Fiduciaries
Subtitle I. General Provisions
Subtitle II. Wills and Decedents Estates
Chapter 2. Descent and Distribution
Chapter 3. Rights of Married Persons
Chapter 4. Wills
Article 1. Requisites and Execution
§ 64.2-400. Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property
§ 64.2-401. Who may make a will; what estate may be disposed of
§ 64.2-402. Advertisements to draw wills prohibited; penalty
§ 64.2-403. Execution of wills; requirements
§ 64.2-404. Writings intended as wills
§ 64.2-405. Interested persons as competent witnesses
§ 64.2-406. When exercise of power of appointment by will valid
§ 64.2-407. Will of personal estate of nonresidents
§ 64.2-408. Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen
§ 64.2-409. Wills of living persons lodged for safekeeping with clerks of certain courts
Article 2. Revocation and Effect
Article 3. Construction and Effect
Article 4. Uniform International Wills Acts
Article 5. Probate
§ 64.2-443. Jurisdiction of probate of wills
§ 64.2-444. Clerks may probate wills
§ 64.2-445. Appeal from order of clerk
§ 64.2-446. Motion for probate; process against persons interested in probate
§ 64.2-447. Use of depositions
§ 64.2-448. Complaint to impeach or establish a will; limitation of action; venue
§ 64.2-449. Procedure in probate proceedings
§ 64.2-450. Probate of copy of will proved outside the Commonwealth; authenticated copy
§ 64.2-451. Appointment of curator; when made; his duties
§ 64.2-452. How will may be made self-proved; affidavits of witnesses
§ 64.2-453. How will may be made self-proved; acknowledgment of witnesses
§ 64.2-454. Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident
Article 6. Recordation and Effect
Chapter 5. Personal Representatives and Administrations of Estates
Chapter 6. Transfers without Qualification
Subtitle III. Trusts
Subtitle IV. Fiduciaries and Guardians
Subtitle V. Provisions Applicable to Probate and Non-probate transfers
Basically Says:
The clerk, in jurisdictions where the chief judge allows it, can store wills of its residents if the resident chooses to do that. This is significant because it eliminates the presumption of revocation should the testator lose their will.
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anyone can pass probatable property through a will. Any probatable property not otherwise devise will pass intestate. The only people that cannot execute a will are mentally incapcitated individuals and unemancipated minors.
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in order to be valid, a will must be in writing and signed by the testator and if the written will is not handwritten but typed must signed and witnessed by two witnesses who can attest to the fact that this document was signed and executed and does infact represent the will of the testator. If the will is handwritten then it must be signed and there must be two witnesses who can atest to the testators handwriting.
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Someone who recieves under the will can be a witness to its execution without a presumption against that witnesses competency.
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Any foreign will shall be admitted to probate provided it was properly executed in the state which the foreign testator resides.
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In order for the Will to be self-proving, the following testimonay, signatures, seal of the notary, and written oath must be attached to or come directly after the will.
STATE OF VIRGINIA
COUNTY/CITY OF ........…
Before me, the undersigned authority, on this day personally appeared ........, ........, and ......., known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn, ......, the testator, declared to me and to the witnesses in my presence that said instrument is his last will and testament and that he had willingly signed or directed another to sign the same for him, and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed; that said witnesses stated before me that the foregoing will was executed and acknowledged by the testator as his last will and testament in the presence of said witnesses who, in his presence and at his request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said will, and that the testator, at the time of the execution of said will, was over the age of eighteen years and of sound and disposing mind and memory.
....................…
Testator
....................…
Witness
....................…
Witness
Subscribed, sworn and acknowledged before me by .........., the testator, and subscribed and sworn before me by ............… and .........., witnesses, this … day of ........, A.D., ..…
SIGNED ..................................…
.............................................….
(OFFICIAL CAPACITY OF OFFICER)
