- View Full Site
- Forum Tools
- Firearm Resources
- Equipment Exchange
- Guns & Gear Deals
- Build Your Dream Rifle
- Shop AR15.COM
Posted: 9/8/2021 5:52:41 PM EDT
Title says it all...
Handwritten WillsHolographic (handwritten) wills are valid in Virginia, as long as at least two disinterested witnesses prove its authenticity. These types of wills are typically used in cases of an emergency where the testator doesn't have time to make a more formal will.
It must be signed by that person. It does not need to be witnessed; however two (2) people have to be able to testify that it is in that person's handwriting. It would be wise to have at least two (2) people witness at least the signature and to have them also sign each page of the will.
The basics of Virginia's will laws are summarized below. See FindLaw's Wills section for more articles and resources.
Code Section64.1-46, et seq.
Age of Testator18 years or older and of sound mind, or emancipated persons
Number of WitnessesTwo 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 WillsIf 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.
The previous poster had the correct answer, but a very old (and repealed) code section.
Here's the correct one, with the same answer:
§ 64.2-403. Execution of wills; requirements.
A. No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testator's presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.
B. A will wholly in the testator's handwriting is valid without further requirements, provided that the fact that a will is wholly in the testator's handwriting and signed by the testator is proved by at least two disinterested witnesses.
C. A will not wholly in the testator's handwriting is not valid unless the signature of the testator is made, or the will is acknowledged by the testator, in the presence of at least two competent witnesses who are present at the same time and who subscribe the will in the presence of the testator. No form of attestation of the witnesses shall be necessary.
Code 1950, § 64-51; 1968, c. 656, § 64.1-49; 2012, c. 614.
Code of Virginia 64.2-403
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.