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Virginia Wills Laws
Explanation of Chart and More Information on Wills Laws
| Code Section | 64.1-46, et seq. |
| Age of Testator | 18 years or older and of sound mind, or emancipated persons |
| Number of Witnesses | Two or more competent witnesses present at same time who must subscribe will in presence of testator (no form of attestation necessary). |
| Nuncupative (Oral Wills) | Valid for soldier in actual military service or mariner or seaman at sea to dispose of personal property. |
| Holographic Wills | If will is wholly in handwriting of testator and signed by him, neither acknowledgment nor witnesses are necessary; proof of handwriting must be by at least two disinterested witnesses. |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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FAQs
- Are there any special legal formalities required to make my will legally valid?
- Can I disinherit my spouse and children?
- What if the executor I choose can't serve when the time comes, or doesn't want to?
- In my will, can I leave my property to anyone I wish?
- Does it matter who my witnesses are?