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Virginia Probate Law by Christopher Taylor: Here's what we are talking about.

A

This is the preamble to the Will. The legal effect of which is the potential selection of a forum. In this example were we see the declaration of residency, it claims the state of Virginia. If this had said Florida, England, or Martha's Vineyard, then the following statutes, administrative decisions, or cases would be relavent.

Cases:
Rice v. Freeland 131 Va. 298
French v. Short 207 Va. 548
 
Statutes:
§ 64.2 – 407
§ 64.2 – 401
 
Administrative Decisions:
Office of Attorney General
1977 Va. AG Lexis 322 ( on § 64.2 – 407 )
AG Opinion No. 06-003 ( on § 64.2 – 401 )

B

This is the body of the Will. Here is the list of specific distributions that the testator wishes to have happen.

C

This is the conclusory paragraph of Will in which announces the conclusion of Will and the declaring the forethcoming signature below to be the act giving the document legal force and effect.

D

This is the signature of the Will. This is one of the most important pieces of the Will. This is what gives the document it's force and effect. It is the official declaration of the intent of testator.

Cases:
Ferguson v. Ferguson, 187 Va. 581 ( Competency / Purpose / Definition )
Forest v. Turner 146 Va. 734 ( Intent )
Beane v. Yerby 53 Va. 239 ( Presence )
 
Statutes:
§ 64.2 – 403 ( Requirements )
 
Administrative Decisions:
 
Office of Attorney General (Mark L. Earley)
Taxation: Real Property Tax Wills and Decedents Estate: Wills
 
Internal Revenue Service:
Technical Advice Memorandum 8141018 (1979)
Technical Advice Memorandum 9623002 (1996)

I, J, and K

I is the signature of testator in the self-proving affidavit. The signature binds the signor to the declared statement in H.

J is the signature of witness one in the self-proving affidavit. The signature binds the signor to the declared statement in H.

K is the signature of witness two in the self-proving affidavit. The signature binds the signor to the declared statement in H.

My practice Will.

E

This is an example of an attestation clause.  This is not required by Virginia Law in order to be valid. However, this is benefical because it potentially alieviates the need for the witnesses to testify in court should the will be challenged.  The attestation is to the validity of the will and the execution of it as well.   

Statutes:
§ 64.2 - 405
§ 64.2 - 403
 
Cases:
§ 64.2 - 405 - [ Witness Competency ]                                                         § 64.2 - 403 - [ Witness Requirement ]
Shuler,108 Va. 670 ( Witness Competency )                                 Ferguson v. Ferguson, 187 Va. 581 ( Purpose )
Albert v. Stafford, 123 Va. 338 ( Necessity )                                                 Forest v. Turner 146 Va. 734 ( Intent )
Beane v. Yerby, 53 Va. 239 ( Presence )                                                  Beane v. Yerby 53 Va. 239 ( Presence )
Parramore v. Taylor, 52 Va. 220 (order of signing )

Extraneous Protection - [ Attestation ] 
Hampton Roads Seventh - Day Adventist Church v. Stevens 275 Va. 205 ( Attestation )
French v. Beville 191 Va. 842 ( Meaning )
Robinson v. Ward 239 Va 36 ( Intent )

F and G

Are the two signatures by the witnesses that affirm the declaration that is the attestation provided for in the clause. This clause is worthless without the signatures. No Witness signature for the Will does not invalidate the Will. The statutes merely require witnesses to be present.

H

While the self-proving affidavit itself is not required for a Will to be valid, should the testator decide to include one, this form is required in order to make the Will truely self-proving. The form and effect of this device is that it reduces the need for the testimony of the witnesses should the validity of the execution come into scrutiny, therefore, it is highly recommened to include such a affidavit to ones will.

 
Statutes:
§ 64.2-452
§ 64.2-453
 
Cases:
Rudwick v. Lloyd, 69 Va. Cir. 139 ( Validity )
 

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