Code of Virginia - Title 64.1 Wills And Decedents' Estates - Section 64.1-151.6 Waiver

§ 64.1-151.6. Waiver

The right of a surviving spouse to a homestead allowance in the estate of a deceased spouse as provided in § 64.1-151.3 may be waived during the deceased spouse's lifetime only by execution of a marital or premarital agreement in accordance with Chapter 8 (§ 20-147 et seq.) of Title 20 or by execution of a waiver provided (i) the waiver is in writing, (ii) the language of the waiver mentions homestead allowance in conspicuous language, and (iii) the waiver has been signed by the surviving spouse.

The right to the family allowance and exempt articles allowance, as provided in §§ 64.1-151.1 and 64.1-151.2, may be waived during the deceased spouse's lifetime only by execution of a marital or premarital agreement made in accordance with Chapter 8 (§ 20-147 et seq.) of Title 20.

(1990, c. 831.)

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Last modified: April 16, 2009