Every estate planning document has its own execution requirements in order for it to be viewed as valid in Virginia. A typewritten will typically must be signed in the presence of two witnesses. However, there is no existing requirement in Virginia that those witnesses be disinterested.
A typewritten will could still be classified as valid in Virginia even in the event it is signed without witnesses, but it is essential for clear and convincing evidence to be present in these instances to prove in court after the person who has made the will has passed away. Typewritten wills are typically associated with a notarized sworn statement called a self-proving affidavit.
The self-proving affidavit is not required for the will to be valid, but it can make it much easier for the will to be admitted to probate in Virginia after the will creator has passed away. If the will is completely in the creator’s handwriting and signed, this handwritten or holographic will could still be valid in Virginia. The testator’s handwriting does have to be proved by at least two disinterested witnesses, even though holographic wills are not required to have a notary or witness to be valid. Many trust agreements in Virginia are signed by the person putting the property in trust and then the trustee.
Durable powers of attorney have to be signed for validity in Virginia. Advanced medical directives in Virginia typically need to be signed before two witnesses although there is no requirement that these witnesses be disinterested. Schedule a phone consultation with a Virginia Beach estate planning attorney today to learn more and to complete a review of your existing will or begin a conversation about creating a new one.