Wills

Question 1

Enforceability of contract to make a will

Answer 1

A contract to make a will is controlled by the same rules and principles and is enforceable as other contracts. Thus, in order to be enforceable the contract must be certain and definite, based on
a valuable consideration and the proof thereof must be clear and convincing.
Ordinarily, if the contract involves real estate it must be in writing, but if in writing
it is sufficient if signed only by the decedent.”

Question 2

Conflict between contract and will

Answer 2

You enforce the will so long as it does not conflict with the contract. Ultimately the terms of the will control unless the contract says something specifically different than that.

Question 3

Can out of state residents serve as executors?

Answer 3

Yes so long as they consent to service of process in Virginia and post a surety bond. Even if the testator states the executor does not need to post a bond, if they are an out of state executor they are forced to unless they can get a Virginia resident to be a co-executor, then they wouldn’t need to post a bond.