SB 697

            
2020 SESSION

20102628D

SENATE BILL NO. 697


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact � 64.2-403 of the Code of 
 Virginia, relating to execution of wills; witnesses.
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Patron-- Obenshain

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Referred to Committee on the Judiciary

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 64.2-403 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 64.2-403. Execution of wills; requirements.
 
 
A. No will shall be valid unless it is in writing and signed 
 by the testator, or by some other person in the testators 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 testators handwriting is valid 
 without further requirements, provided that the fact that a will is wholly in 
 the testators handwriting and signed by the testator is proved by at least two 
 disinterested witnesses.
 
 
C. A will not wholly in the testators 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 
 and disinterested 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.
 
 
D. For the purposes 
 of this section, a "disinterested witness" is a person who has no 
 personal or beneficial interest in the will. The fact that a person is named in 
 the will as executor, trustee, or guardian, or as counsel for the 
 estate, personal representative, trustee, or guardian 
 does not give him a personal or beneficial interest in the will.
 
 
2. That the provisions of this act apply to wills executed on 
 or after July 1, 2020, and do not affect the validity of any will executed 
 prior to July 1, 2020.