What are the requirements of a valid will in Virginia?

Full question:

My grandfather’s health has deteriorated the last few months.. When we took him to the doctor, he was diagnosed with celiac disease. My grandfather told me that he has not made a will and that he wishes to make one. I would like to know the requirements of a valid will under the law prevailing in Virginia.

• Category: Wills and Estates
• Date: 04/07/2025
• State: Virginia

Answer:

In Virginia, a valid will has to be in writing and signed by the person making the will or by some other person in the presence of and by the direction of the person making the will. A will that is in the handwriting of the person making the will is valid without any further requirements if the will is wholly in the testator’s handwriting and signed by the testator and two other witnesses who have no interest in the will. The relevant statutory provision in this regard is stated below.
Va. Code Ann. § 64.2-403 reads:
“A. No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testator's presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.

B. A will wholly in the testator's handwriting is valid without further requirements, provided that the fact that a will is wholly in the testator's handwriting and signed by the testator is proved by at least two disinterested witnesses.

C. A will not wholly in the testator's handwriting is not valid unless the signature of the testator is made, or the will is acknowledged by the testator, in the presence of at least two competent witnesses who are present at the same time and who subscribe the will in the presence of the testator. No form of attestation of the witnesses shall be necessary.”