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Virginia Law

Code of Virginia

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Chapter 4.
Wills
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  • Article 1.
    Requisites and Execution
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    • § 64.2-400
    Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property
    § 64.2-401
    Who may make a will; what estate may be disposed of
    § 64.2-402
    Advertisements to draw wills prohibited; penalty
    § 64.2-403
    Execution of wills; requirements
    § 64.2-404
    Writings intended as wills
    § 64.2-404.1
    Reformation of will to correct mistakes or achieve decedent's tax objectives
    § 64.2-405
    Interested persons as competent witnesses
    § 64.2-406
    Repealed
    § 64.2-407
    Will of personal estate of nonresidents
    § 64.2-408
    Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen
    § 64.2-409
    Wills of living persons lodged for safekeeping with clerks of certain courts
  • Article 2.
    Revocation and Effect
    Read all
    • § 64.2-410
    Revocation of wills generally
    § 64.2-411
    Revival of wills after revocation
    § 64.2-412
    Revocation by divorce or annulment; revival upon remarriage; no revocation by other change
    § 64.2-413
    Effect of subsequent conveyance on will
  • Article 3.
    Construction and Effect
    Read all
    • § 64.2-414
    When wills deemed to speak
    § 64.2-415
    How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases
    § 64.2-416
    Devises, bequests, and distributions that fail; how to pass
    § 64.2-417
    When advancement deemed satisfaction of devise or bequest
    § 64.2-418
    When children or descendants of beneficiary to take estate or trust
    § 64.2-419
    Provision for omitted children when no child living when will made
    § 64.2-420
    Provision for omitted children when child living when will made
    § 64.2-421
    Construction of certain conditions of spouse's survivorship
    § 64.2-422
    When omitted spouse to take intestate portion
    § 64.2-423
    Repealed
    § 64.2-424
    When direction to purchase annuity binding on legatee
    § 64.2-425
    Interest on pecuniary legacies
    § 64.2-426
    Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999
    § 64.2-427
    Testamentary additions to trusts by testator dying after June 30, 1999
    § 64.2-428
    Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount
    § 64.2-429
    Construction of trust provisions otherwise eligible for the election permitted under § 2056(b)(7) of the Internal Revenue Code
    § 64.2-430
    Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981
    § 64.2-431
    Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution
    § 64.2-432
    Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011
  • Article 5.
    Probate
    Read all
    • § 64.2-443
    Jurisdiction of probate of wills
    § 64.2-444
    Clerks may probate wills
    § 64.2-445
    Appeal from order of clerk
    § 64.2-446
    Motion for probate; process against persons interested in probate
    § 64.2-447
    Use of depositions
    § 64.2-448
    Complaint to impeach or establish a will; limitation of action; venue
    § 64.2-449
    Procedure in probate proceedings
    § 64.2-450
    Probate of copy of will proved outside the Commonwealth; authenticated copy
    § 64.2-451
    Appointment of curator; when made; his duties
    § 64.2-452
    How will may be made self-proved; affidavits of witnesses
    § 64.2-453
    How will may be made self-proved; acknowledgment of witnesses
    § 64.2-454
    Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident
    § 64.2-454.1
    Will contest; presumption of undue influence
  • Article 6.
    Recordation and Effect
    Read all
    • § 64.2-455
    Wills to be recorded; recording copies; effect; transfer to the Library of Virginia
    § 64.2-456
    Bona fide purchaser of real estate without notice of devise protected
    § 64.2-457
    Bona fide purchaser of real estate without notice of devise protected; later will
    § 64.2-458
    Bona fide purchaser of real estate without notice of devise protected; intestacy