64.1-49.1 - Writings intended as wills, etc. - Virginia Statutes

§ 64.1-49.1. Writings intended as wills, etc.

Although a document, or a writing added upon a document, was not executed incompliance with § 64.1-49 the document or writing shall be treated as if ithad been executed in compliance with § 64.1-49 if the proponent of thedocument or writing establishes by clear and convincing evidence that thedecedent intended the document or writing to constitute (i) the decedent'swill, (ii) a partial or complete revocation of the will, (iii) an addition toor an alteration of the will, or (iv) a partial or complete revival of hisformerly revoked will or of a formerly revoked portion of the will.

The remedy granted by this section (i) may not be used to excuse compliancewith any requirement for a testator's signature, except in circumstanceswhere two persons mistakenly sign each other's will, or a person signs theself-proving certificate to a will instead of signing the will itself and(ii) is available only in proceedings brought in a circuit court under theappropriate provisions of this title, filed within one year from thedecedent's date of death and in which all interested persons are made parties.

(2007, c. 538.)