Full question:
My dad in anger destroyed his will by tearing it and throwing it in the fireplace in our home. I did manage to save the will from being burnt completely. When this incident happened he was angry and drunk. When we contacted our family lawyer, he said that as the will was destroyed with anintent of revocation, the will has no affect. Is it possible for us to revive the will or is my dad required to make a new will?
- Category: Wills and Estates
- Subcategory: Revival
- Date:
- State: Virginia
Answer:
In Virginia, a will that is destroyed with the intent to revoke it is considered void and has no effect under Va. Code Ann. § 64.2-410. This includes situations where a testator or someone acting on their behalf cuts, tears, or burns the will. Once a will is revoked, it cannot be revived unless it is reexecuted according to the law.
Specifically, Va. Code Ann. § 64.2-411 states that any revoked will can only be revived if it is reexecuted in the manner required by law, and the testator's intent to revive the will must be clear.
Therefore, since your dad's will was revoked due to destruction, it cannot be revived. He will need to create a new 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.