Code of Virginia - Title 64.1 Wills And Decedents' Estates - Chapter 3 Wills
- 64.1-45 "Will" construed
Except when it would be inconsistent with the manifest intent of the legislature, the word "will" shall extend to a testament, and to a codicil, ...
- 64.1-45.1 Separate writing identifying recipients of tangible personal property; liability for distribution; ...
If a will refers to a written statement or list to dispose of items of tangible personal property not otherwise specifically bequeathed, the statement or ...
- 64.1-45.2 Incorporation by reference; letter of instruction or memorandum into a will, power of attorney or t...
A. The following original documents may be incorporated by reference into a will, power of attorney or trust instrument: 1. A letter or memorandum to ...
- 64.1-45.3 Nonprobate transfers on death
A. A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account ...
- 64.1-46 Who may make a will; what estate may be disposed of
Every person not prohibited by § 64.1-47 may, by will, dispose of any estate to which he shall be entitled, at his death, and which, ...
- 64.1-47 Who may not make a will
No person (i) of unsound mind or (ii) under the age of eighteen years, unless emancipated pursuant to Article 15 (§ 16.1-331 et seq.) of ...
- 64.1-48 Advertisements to draw wills prohibited
No person, firm or corporation shall advertise in any newspaper any offer, direct or indirect, to draw any will or have any will drawn, provided ...
- 64.1-49 Will must be in writing, etc.; mode of execution; witnesses, and proof of handwriting
No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by ...
- 64.1-49.1 Writings intended as wills, etc.
Although a document, or a writing added upon a document, was not executed in compliance with § 64.1-49 the document or writing shall be treated ...
- 64.1-50 When execution of appointment by will valid
No appointment made by will, in exercise of any power, shall be valid unless the same be so executed that it would be valid for ...
- 64.1-51 Interested persons as competent witnesses
No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of ...
- 64.1-52 Description unavailable
Reserved. ...
- 64.1-53 Will of personal estate of soldiers, seamen and nonresidents
Notwithstanding the provisions of §§ 64.1-49 and 64.1-50, a soldier being in actual military service, or a mariner or seaman being at sea, may dispose ...
- 64.1-54 Presumption of formal execution of wills made by persons in military service
A testamentary paper executed before or after October 1, 1940 by a person in the military service of the United States as defined by the ...
- 64.1-55 Validation of holographic wills
The probate of all holographic wills admitted to probate in this Commonwealth prior to March 20, 1922, the handwriting of which was proved by one ...
- 64.1-56 Wills of living persons lodged for safekeeping with clerks of certain courts
Any person or his attorney for him may, during his lifetime, lodge for safekeeping with the clerk of a court having probate jurisdiction in the ...
- 64.1-57 Incorporation by reference of certain powers of fiduciaries into will or trust instrument
(1) The following powers, in addition to all other powers granted by law, may be incorporated in whole or in part in any will or ...
- 64.1-57.1 Grant of such powers to personal representative or trustee by circuit court
Upon motion of a personal representative or trustee, a circuit court may grant to the sole personal representative or trustee, if there is only one, ...
- 64.1-57.2 Power granted to personal representatives to make election regarding marital deduction as to certai...
Personal representatives, whether heretofore or hereafter qualified, are hereby granted the power to make the election on the return of their decedents as required pursuant ...
- 64.1-57.3 Power granted to personal representatives and trustees to donate conservation easements
Personal representatives and trustees, whether heretofore or hereafter qualified or appointed, are hereby granted the power to donate a conservation easement as provided in the ...
- 64.1-58 Description unavailable
Repealed by Acts 1985, c. 431. ...
- 64.1-58.1 Revocation of wills generally
If a testator having an intent to revoke, or some person at his direction and in his presence, cuts, tears, burns, obliterates, cancels or destroys ...
- 64.1-59 Revocation by divorce or annulment; no revocation by other change; revival upon remarriag...
If, after making a will, the testator is divorced a vinculo matrimonii or his marriage is annulled, the divorce or annulment revokes any disposition or ...
- 64.1-60 Revival of wills after revocation
No will or codicil, or any part thereof, which shall have become void and of no effect pursuant to § 64.1-58.1 shall thereafter be revived ...
- 64.1-61 Effect of subsequent conveyance on will
No conveyance or other act, subsequent to the execution of a will, shall, unless it be an act by which the will is revoked as ...
- 64.1-62 Will to be construed as if made just before testator's death
A will shall be construed, with reference to the real and personal estate comprised in it, to speak and take effect as if it had ...
- 64.1-62.1 Certain marital deduction formula clauses to be construed to refer to federal marital deduction all...
A. If property passes from the decedent or is acquired from the decedent by reason of the decedent's death (i) under a will executed before ...
- 64.1-62.2 Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date o...
If an instrument executed before September 12, 1981, provides for a power of appointment which (i) may be exercised during any period after December 31, ...
- 64.1-62.3 How certain legacies and devises to be construed; nonademption in certain cases
A. Unless a contrary intention appears in the will: 1. A bequest of specific securities, whether or not expressed in number of shares, shall include ...
- 64.1-63 Description unavailable
Repealed by Acts 1985, c. 432. ...
- 64.1-63.1 When advancement deemed satisfaction of devise or bequest
Property which a testator gave during his lifetime to a person shall not be treated as a satisfaction of a devise or bequest to that ...
- 64.1-64 Description unavailable
Repealed by Acts 1985, c. 592. ...
- 64.1-64.1 When children or descendants of devisee, legatee, etc., to take estate
Unless a contrary intention appears in the will, if a devisee or legatee, including a devisee or legatee under a class gift, is (i) a ...
- 64.1-65 Description unavailable
Repealed by Acts 1985, c. 592. ...
- 64.1-65.1 How devises and bequests that fail, etc., to pass
A. Unless a contrary intention appears by the will, and except as provided in § 64.1-64.1, if a devise or bequest other than a residuary ...
- 64.1-66 Devises in general terms; how construed
A devise of the testator which would describe a leasehold estate, if the testator had no freehold estate which could be described by it, shall ...
- 64.1-66.1 Description unavailable
Repealed by Acts 1994, c. 917. ...
- 64.1-66.2 Construction of certain conditions of spouse's survivorship
A. If property passes from the decedent or is acquired from the decedent by reason of the decedent's death under a will or trust that ...
- 64.1-67 Description unavailable
Repealed by Acts 1985, c. 429. ...
- 64.1-67.1 Exercise of power of appointment
Unless a contrary intention appears in the will, a residuary clause in a will or a will making general disposition of all the testator's property ...
- 64.1-67.2 Description unavailable
Repealed by Acts 2005, c. 935, cl. 3, effective July 1, 2006. ...
- 64.1-68 Interest on pecuniary legacies
Unless a contrary intent is expressed in or to be implied from a will, interest on pecuniary legacies shall begin to run at the expiration ...
- 64.1-69 When direction to purchase annuity binding on legatee
If a person direct in his will the purchase of an annuity sufficient to provide a minimum income of ten dollars per month, the person ...
- 64.1-69.1 When omitted spouse to take intestate portion
If a testator fails to provide by will for a surviving spouse who married the testator after the execution of the will, the omitted spouse ...
- 64.1-70 Provision for pretermitted children when no child living when will made
If any person die leaving a child, or his wife with child, which shall be born alive, and leaving a will made when such person ...
- 64.1-71 Provision for pretermitted children when child living when will made
If a will be made when a testator has a child living, and that child is provided for in the will, and a child be ...
- 64.1-71.1 Construction of generic terms
In the interpretation of wills and trusts, adopted persons and persons born out of wedlock are included in class gift terminology or terms of relationship ...
- 64.1-72 When reexecuted wills deemed to be made
Every will reexecuted or republished, or revived by any codicil, shall, for the purpose of this chapter, be deemed to have been made at the ...
- 64.1-73 Devise or bequest to trustee of an established trust
A. A devise or bequest (including the exercise of a power of appointment) may be made by a will duly executed pursuant to the provisions ...
- 64.1-73.1 Testamentary additions to trusts
A. A will may validly devise or bequeath property (including by the exercise of a power of appointment) to the trustee of a trust established ...
- 64.1-74 Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust o...
(a) Where a will or trust agreement authorizes or directs the fiduciary to satisfy wholly or partly in kind a pecuniary bequest or transfer in ...
- 64.1-74.1 Construction of trust provisions otherwise eligible for the election permitted under Section 2056 (...
If any trust created under a will or trust agreement made by a decedent dying after December 31, 1981, would qualify for the election specified ...
- 64.1-75 Jurisdiction of probate of wills
The circuit courts of the Commonwealth, and the clerks of such courts, and the duly qualified deputies of such clerks, and the clerks of all ...
- 64.1-75.1 Appointment of administrator for prosecution of action for personal injury or wrongful death agains...
In any case in which it is represented that an action at law for personal injury or death by wrongful act upon a cause of ...
- 64.1-76 Residence of patient in nursing home, convalescent home, etc
Where any person has because of advanced age or impaired health either voluntarily or involuntarily become a patient in a nursing home, a convalescent home, ...
- 64.1-77 Clerks may probate wills; appoint appraisers or administrators, qualify executors, etc
The clerk of any court, having jurisdiction of the probate of wills, within their respective territorial jurisdictions as defined by law, or any duly qualified ...
- 64.1-78 Appeal from order of clerk
Any person interested may, within six months after the entering of such an order, appeal therefrom as a matter of right, without giving any bond, ...
- 64.1-79 Person offering will for probate may have persons interested cited to appear
A person offering, or intending to offer, to a court having jurisdiction of the probate of wills or to the clerk of a circuit court ...
- 64.1-80 Circuit courts may do same
A circuit court to which a will is offered for probate, or into which the question of probate is removed by appeal or otherwise, may ...
- 64.1-81 Process against persons interested; guardian ad litem
Any person interested in such probate may be summoned, or proceeded against, by order of publication; and to any person so interested a guardian ad ...
- 64.1-82 When court to hear motion
When all the persons interested in such probate shall be properly convened by such summons or order of publication, or assignment of guardian, or shall ...
- 64.1-83 Court may require all testamentary papers to be produced; trial by jury; judgment
In every such proceeding the court may require all testamentary papers of the same decedent to be produced. If any person interested ask it, it ...
- 64.1-84 Effect of judgment
In such a proceeding any such decree or final order shall be a bar to a bill in equity to impeach or establish such will, ...
- 64.1-85 Motion for probate may be ex parte
Any court having jurisdiction of the probate of wills under § 64.1-75 may, however, without summoning any party, proceed to probate and admit the will ...
- 64.1-86 How production of will compelled
Any court having jurisdiction of the probate of wills, on being informed that a person has in his custody the will of a testator, may ...
- 64.1-87 When deposition of witness may be taken and read on probate of will
When any will, or authenticated copy thereof, is offered for probate, and a witness attesting the same, or in event the will be wholly in ...
- 64.1-87.1 How will may be made self-proved
A will, at the time of its execution or at any subsequent date, may be made self-proved by the acknowledgment thereof by the testator and ...
- 64.1-87.2 Same; alternate method
A will, at the time of its execution or at any subsequent date, may be made self-proved by the acknowledgment thereof by the testator and ...
- 64.1-88 Bill to impeach or establish a will
After a decree or order under § 64.1-85 or under § 64.1-77, a person interested, who was not a party to the proceeding, may proceed ...
- 64.1-89 When bill must be filed and where
If the decree or order be made by the court in the exercise either of its original jurisdiction or an appeal from the clerk, such ...
- 64.1-90 Saving in favor of infants, persons of unsound mind
Sections 64.1-84, 64.1-88 and 64.1-89 are subject to these provisos: that any person interested who has not otherwise been before the court and who, at ...
- 64.1-91 What may be admitted as evidence on trial by jury
The record of what is proved or deposed in court by witnesses on the motion to admit a will to record and any depositions lawfully ...
- 64.1-92 Probate of copy of will proved without the Commonwealth; to what extent admitted to probat...
When a will relative to an estate within this Commonwealth has been proved without the same, an authenticated copy thereof and the certificate of probate ...
- 64.1-93 Appointment of curator; when made; his duties
Such court or clerk as is mentioned in § 64.1-75, or any duly qualified deputy of such clerk, may appoint a curator of the estate ...
- 64.1-94 Wills to be recorded; recording copies; effect; indexing; transfer to The Library of Virgini...
Every will or authenticated copy admitted to probate by any court or clerk of any circuit court shall be recorded by the clerk and remain ...
- 64.1-95 Bona fide purchaser of real estate without notice of devise protected
The title of a bona fide purchaser without notice for valuable consideration from the heir at law of a person who has died heretofore, or ...
- 64.1-96 Same; later will
The title of a bona fide purchaser without notice for valuable consideration from the devisee, or from the personal representative with power to sell, encumber, ...
- 64.1-96.1 Bona fide purchaser of real estate without notice of devise protected; intestacy
The title of a bona fide purchaser without notice for valuable consideration from the devisee, or from the personal representative with power to sell, encumber, ...
- 64.1-96.2 Definitions
In this article: (1) "Authorized person" and "person authorized to act in connection with international wills" means a person who by § 64.1-96.10 or by ...
- 64.1-96.3 International will; validity
(a) A will shall be valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and ...
- 64.1-96.4 Requirements
(a) The will shall be made in writing. It need not be written by the testator himself. It may be written in any language, by ...
- 64.1-96.5 Other points of form
(a) The signatures shall be placed at the end of the will. If the will consists of several sheets, each sheet will be signed by ...
- 64.1-96.6 Certificate
The authorized person shall attach to the will a certificate to be signed by him establishing that the requirements of this Act for valid execution ...
- 64.1-96.7 Effect of certificate
In the absence of evidence to the contrary, the certificate of the authorized person shall be conclusive of the formal validity of the instrument as ...
- 64.1-96.8 Revocation
The international will shall be subject to the ordinary rules of revocation of wills. (1995, c. 443.) ...
- 64.1-96.9 Source and construction
Sections 64.1-96.2 through 64.1-96.8 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In ...
- 64.1-96.10 Persons authorized to act in relation to international will; eligibility; recognition by authorizin...
Individuals who have been admitted to practice law before the courts of this Commonwealth and who are in good standing as active law practitioners in ...
- 64.1-96.11 International will information registration
The Secretary of the Commonwealth shall establish a registry system by which authorized persons may register in a central information center, information regarding the execution ...
Last modified: April 3, 2009