Testate succession Flashcards
General requirements for Will in VA
18 yr old and sound mind
Have testamentary intent
Testamentary capacity
Testamentary intent
Present intent
Dispose property
Intend for disposition at death
This instrument accomplishes that
Testamentary capacity
Testator knows:
Nature and extent of property
Persons who are object of their bounty
Knows the act they’re performing
What this document plans to do
What requirements have to be met for a will to be valid in VA?
In writing
Signed by the testator
2 witnesses (can be interested)
Sign in the witnesses presence OR acknowledge their past signature to witnesses
Witnesses sign in presence of Testator but do not have to be around other witnesses
What counts as a signature by Testator?
Anything they want if it is their intent that that will be their signature
X, initials, “Mom”, nickname, symbol etc
Can a proxy sign a will?
Yes if done in the testators presence and at their direction
Does the order of signing matter?
No as long as they happened in a single continuous transaction
Does signature have to be at the end?
No as long as where it is was intended as a signature
Does a witness have to competent?
Yes, at the time of signing
Can a notary for the will be a witness?
Yes
Is there a publication requirement that witnesses know they’re signing a will?
No
Can an executor be a witness?
Yes
Is there a dispensing statute in VA to cure deficiencies in will execution?
Yes with clear and convincing evidence within one year of decedents death
Can dispensing statute cure a will that doesn’t satisfy the writing requirement?
No
Can dispensing statute cure no signature?
Yes but only if it’s in a case where people mistakenly signed each others wills
Or
Testator signed a self proving affidavit instead of the will
