Code of Virginia
Chapter 3 - Rights of Married Persons
§ 64.2-314. Waiver

A. The right of a decedent's surviving spouse to a homestead allowance in the estate of a decedent as provided in § 64.2-311 may be waived during the decedent's lifetime only by execution of a marital or premarital agreement in accordance with Chapter 8 (§ 20-147 et seq.) of Title 20 or by execution of a waiver provided (i) the waiver is in writing, (ii) the language of the waiver mentions homestead allowance in conspicuous language, and (iii) the waiver has been signed by the surviving spouse.
B. The right to the family allowance and exempt property, as provided in §§ 64.2-309 and 64.2-310, may be waived during the decedent's lifetime only by execution of a marital or premarital agreement made in accordance with Chapter 8 (§ 20-147 et seq.) of Title 20.
1990, c. 831, § 64.1-151.6; 2012, c. 614.

Structure Code of Virginia

Code of Virginia

Title 64.2 - Wills, Trusts, and Fiduciaries

Chapter 3 - Rights of Married Persons

§ 64.2-300. Applicability; definitions

§ 64.2-301. Dower or curtesy abolished

§ 64.2-302. When and how elective share may be claimed by surviving spouse

§ 64.2-303. Extension of time until after determination of action for construction of will or extent of augmented estate

§ 64.2-304. Rights upon claiming an elective share

§ 64.2-305. Augmented estate; exclusions; valuation

§ 64.2-306. Charging spouse with the value of property received; liability of others for balance of elective share

§ 64.2-307. Rights in family residence

§ 64.2-308. Statutory rights barred by desertion or abandonment

§ 64.2-308.1. Applicability; definitions

§ 64.2-308.2. Dower or curtesy abolished

§ 64.2-308.3. Elective share amount; effect of election on statutory benefits; non-domiciliary

§ 64.2-308.4. Composition of the augmented estate; marital property portion

§ 64.2-308.5. Decedent's net probate estate

§ 64.2-308.6. Decedent's non-probate transfers to others

§ 64.2-308.7. Decedent's non-probate transfers to the surviving spouse

§ 64.2-308.8. Surviving spouse's property and non-probate transfers to others

§ 64.2-308.9. Exclusions, valuation, and overlapping application

§ 64.2-308.10. Sources from which elective share payable

§ 64.2-308.11. Personal liability of recipients

§ 64.2-308.12. Proceeding for elective share; time limit

§ 64.2-308.13. Right of election personal to surviving spouse; incapacitated surviving spouse

§ 64.2-308.14. Waiver of right to elect and of other rights; defenses

§ 64.2-308.15. Protection of payors and other third parties

§ 64.2-308.16. Rights in family residence

§ 64.2-308.17. Statutory rights barred by desertion or abandonment

§ 64.2-309. Family allowance

§ 64.2-310. Exempt property

§ 64.2-311. Homestead allowance

§ 64.2-312. Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief

§ 64.2-313. When and how exempt property and allowances may be claimed

§ 64.2-314. Waiver

§ 64.2-315. Application

§ 64.2-316. Presumptions

§ 64.2-317. Disposition upon death

§ 64.2-318. Perfection of title of surviving spouse

§ 64.2-319. Perfection of title of personal representative, heir or devisee

§ 64.2-320. Purchaser for value or lender

§ 64.2-321. Creditor's rights

§ 64.2-322. Acts of married persons

§ 64.2-323. Limitations on testamentary disposition

§ 64.2-324. Uniformity of application and construction