Important

Question 1

For the purposes of probate, a decedent’s prseumed place of legal residence after moving into a nursing home is…

Answer 1

The same city or county as before he moved to the nursing home.

Question 2

Mabel agrees with her son that she will devise her house to him in her will. For this agreement to be an enforceable contract, the contract must be:

Answer 2

1. Certain and definite as to its terms;
2. based on valuable consideration;
3. proved by clear & convincing evidence;
4. In writing; &
5. signed by Mabel.

Question 3

What is the order in which a court must consider when deciding where to probate a will? A decedent’s will shall be probated in the County or City where:

Answer 3

1. The decedent has a place of residence;
2. The decedent owns real estate;
3. The decedent died.

Question 4

Wills must be probated in what court?

Answer 4

The Circuit Court

Question 5

True/False: A non-resident of the Commonwealth may qualify & act as a trustee under a will in probate proceedings within the Commonwealth.

Answer 5

True

A natural person who is not a resident of the Commonwealth may be appointed or allowed to qualify or act as the presonal representative, or trustee unde a will, of any decedent, or appointed as the gaurdian of an infant’s estate or the gaurdian of a conservator of the property of an incpacitated person.

NOTE: The OOS personal representative would have to post a bond & consent to service of process in VA.

Question 6

The minimum requirements for validly executing a will that is not wholly in the testator’s handwriting are:

Answer 6

1. Signed or acknowledged by the testator; &
2. Two witnesses present when signed or acknowledged.

Question 7

What is the jurisdiction fo probate?

Answer 7

A will is probated in the Circuit Court that sits within the city or county where the decedent had a known place of residence.

Question 8

What rules are contracts to make a will controlled under?

Answer 8

A contract to make a will is controlled by the same rules and principles and is enforceable as other contracts.

The remedy fo breach of this type of contract is specific performance.

Question 9

What controls, the terms of a will or the terms of the contract to make a will?

Answer 9

To the extent that the Will does not conflict with the terms of the contract, the terms of the Will control.

Question 10

What makes a will valid?

Answer 10

1. In writing;
2. Signed by the testator;
3. In the presence of 2 competent witnesses, who are present together at the same time; and who
4. Also sign the will in the presence of the testator.

Question 11

Is a self-proving affidavit required to prove will validity?

Answer 11

A self-proving affidavit is not required for a valid will, but they simplify the process and are encouraged.

Question 12

When the VBA asks ‘is the will entitled to probate?’ they mean:

Answer 12

Does the will meet the basic requirements to be a will?

Question 13

When there is no self-proving affidavit, how is validity proved?

Answer 13

The proponents will need to present testimony verifying the authenticity of the signatures and establishing the requisites for due execution. The witnesses may also need to testify as to the testator’s capacity and intent.

Question 14

What must an out-of-state resident do to serve as executor of a will in Virginia?

Answer 14

Designate an in-state agent for service of process and post a surety bond, even if that requiement is waived in the will.