Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/29/2020  

Execution of wills; requires the witnesses to be disinterested, definition.

Requires the witnesses to a will to be disinterested, a term defined in the bill.

Date Version PDF TXT
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20102628D Open

            

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.

    Picture Name From Date Type
    Mark D. Obenshain R-Richmond Sponsor
    Date Branch Action
    01/31/2020 Senate Senate: Constitutional reading dispensed (37-Y 0-N)
    01/29/2020 Senate Senate: Reported from Judiciary (12-Y 1-N)
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20102628D
    01/07/2020 Senate Senate: Referred to Committee on the Judiciary
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