Virginia

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

64.1-46, et seq.

Operative Facts

1. Must be a competent adult
2. written advance directive
3. signed in presence of 2 subscribing witnesses
4. oral declaration must be made in presence of physician and 2 witnesses for those in terminal condition
5. It is the responsibility of declarant to provide notification of advanced directive to attending physician (suggested form §54.1-2984)

Age of Testator

18 years or older and of sound mind, or emancipated persons

Number of Witnesses Required

Two or more competent witnesses present at same time who must subscribe will in presence of testator (no form of attestation necessary).

Oral Will Recognition

Valid for soldier in actual military service or mariner or seaman at sea to dispose of personal property.

Holographic Will Recognition

If will is wholly in handwriting of testator and signed by him, neither acknowledgment nor witnesses are necessary; proof of handwriting must be by at least two disinterested witnesses.