Full question:
My brother is mentally challenged and lives with me. Our parents died 5 years back, since then I have been taking care of my brother. There are a couple of properties in my brother’s name and I manage them for my brother. Can he transfer those properties to me by making a will in this regard?
- Category: Wills and Estates
- Date:
- State: Virginia
Answer:
In Virginia, a person who is of unsound mind or an unemancipated minor is considered incapable of making a will. The relevant statutory provision in this regard is stated below.Va. Code Ann. § 64.2-401 reads
§ 64.2-401. Who may make a will; what estate may be disposed of:
“ A. Except as provided in subsection B, any individual may make a will to dispose of all or part of his estate at his death that, if not disposed of, would otherwise pass by intestate succession, including any estate, right, or interest that the testator may subsequently become entitled to after the execution of the will.
B. An individual is not capable of making a will if he is (i) of unsound mind or (ii) an unemancipated minor.”
Therefore, your brother may not be able to make a will.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
