How to Make a Valid Will in Virginia
Virginia has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in VA.
Virginia Will Requirements at a Glance
Who Can Make a Will in Virginia?
You must be at least 18 years old to make a will in Virginia. Emancipated minors may make a will (Va. Code § 64.2-401). The testator must be of sound mind (Va. Code § 64.2-401)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign the testator's name in the testator's presence and by the testator's direction.
Witness Requirements in Virginia
Virginia requires 2 witnesses. Must be competent witnesses. The testator must sign or acknowledge the will in the presence of two competent witnesses who are present at the same time. Witnesses must sign in the testator's presence (Va. Code § 64.2-403).
Interested witnesses: An interested witness does not invalidate the will (Va. Code § 64.2-404)
Notarization in Virginia
Notarization is not required for a will to be valid in Virginia. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Virginia allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Va. Code § 64.2-405)
Handwritten (Holographic) Wills
Virginia does recognize holographic wills. Valid if wholly in the testator's handwriting and signed by the testator. No witnesses required at execution. Must be proved by two disinterested witnesses to the handwriting (Va. Code § 64.2-403)
Electronic Wills
Virginia does not currently recognize electronic wills. Virginia does not currently have an electronic wills statute
How to Revoke a Will in Virginia
In Virginia, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical act (cutting, tearing, burning, obliterating, canceling, or destroying) by the testator or by another at the testator's direction and in the testator's presence
Va. Code § 64.2-410
Special Provisions in Virginia
Virginia is a separate property/common law state. Surviving spouse has an elective share: if no surviving descendants, one-half of the augmented estate; if surviving descendants, one-third of the augmented estate (Va. Code § 64.2-302). Virginia requires witnesses to be present at the same time, which is stricter than some states
Relevant Virginia Statutes
- Va. Code § 64.2-401 (Who may make a will)
- Va. Code § 64.2-403 (Execution of wills)
- Va. Code § 64.2-404 (Interested witnesses)
- Va. Code § 64.2-405 (Self-proved wills)
- Va. Code § 64.2-410 (Revocation)
- Va. Code § 64.2-302 (Elective share)
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