Are Hand-Written Wills Valid?

Are Hand-Written Wills Valid? 

In the Code of Virginia, the Virginia legislature defined wills as, “writings signed by the testator in writing consisting of text or symbols resembling writing.” Other states may define wills as something other than a handwritten will, but Virginia legislators clearly stated that all written wills were considered valid and enforceable in the Commonwealth. 

What Circumstances are Required? 

A will is only considered valid if it is in writing. Virginia Code Section 64.2-403 provides that only a handwritten will written entirely by the testator and signed by the testator (the deceased party) and proved by two disinterested witnesses can be considered valid.  

Has This Ever Been Tested? 

While it is always preferable to get the assistance of a competent estate planning attorney in drafting a will, the concept of handwritten wills having equal validity in Virginia goes back many years and is well established.  

Let a Professional Help 

When you need help contesting a will or sorting out other disputes regarding estates, wills or trusts, call Obenshain Law Group. We have served a wide variety of clients in contesting wills, defending will contests, and ensuring a loved one’s property is divided appropriately and fairly after death. If you are involved in a will contest or have questions about the validity of a will, let us help. 

Call (540) 318-7360 today to speak to a will contest lawyer and schedule your free consultation. 

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