§ 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 the affidavits of the attesting witnesses, each made before an officer authorized to administer oaths under the laws of this Commonwealth or the laws of the state where acknowledgment occurred or before an officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed, and evidenced by the officer's certificate, attached or annexed to the will. The officer's certificate shall be substantially as follows in form and content:
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)
The sworn statement of any such witnesses taken as herein provided, whether before, on or after July 1, 1986, shall be accepted by the court as if it had been taken ore tenus before such court, notwithstanding that (i) the officer did not attach or affix his official seal thereto or (ii) the acknowledgment was before an officer authorized to administer oaths under the laws of another state. Any codicil which is self-proved under the provisions of this section which also, by its terms, expressly confirms, ratifies and republishes a will except as altered by the codicil shall have the effect of self-proving the will whether or not the will was so executed originally.
(1972, c. 116; 1977, c. 333; 1979, c. 322; 1983, c. 83; 1985, c. 429; 1986, c. 524; 1990, c. 64.)
Sections: Previous 64.1-81 64.1-82 64.1-83 64.1-84 64.1-85 64.1-86 64.1-87 64.1-87.1 64.1-87.2 64.1-88 64.1-89 64.1-90 64.1-91 64.1-92 64.1-93 NextLast modified: April 3, 2009