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.
Code 1950, § 64-51; 1968, c. 656, § 64.1-49; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
§ 64.2-401. Who may make a will; what estate may be disposed of
§ 64.2-402. Advertisements to draw wills prohibited; penalty
§ 64.2-403. Execution of wills; requirements
§ 64.2-404. Writings intended as wills
§ 64.2-404.1. Reformation of will to correct mistakes or achieve decedent's tax objectives
§ 64.2-405. Interested persons as competent witnesses
§ 64.2-407. Will of personal estate of nonresidents
§ 64.2-409. Wills of living persons lodged for safekeeping with clerks of certain courts
§ 64.2-410. Revocation of wills generally
§ 64.2-411. Revival of wills after revocation
§ 64.2-413. Effect of subsequent conveyance on will
§ 64.2-414. When wills deemed to speak
§ 64.2-416. Devises, bequests, and distributions that fail; how to pass
§ 64.2-417. When advancement deemed satisfaction of devise or bequest
§ 64.2-418. When children or descendants of beneficiary to take estate or trust
§ 64.2-419. Provision for omitted children when no child living when will made
§ 64.2-420. Provision for omitted children when child living when will made
§ 64.2-421. Construction of certain conditions of spouse's survivorship
§ 64.2-422. When omitted spouse to take intestate portion
§ 64.2-424. When direction to purchase annuity binding on legatee
§ 64.2-425. Interest on pecuniary legacies
§ 64.2-427. Testamentary additions to trusts by testator dying after June 30, 1999
§ 64.2-436. Other points of form
§ 64.2-438. Effect of certificate
§ 64.2-440. Source and construction
§ 64.2-442. International will information registration
§ 64.2-443. Jurisdiction of probate of wills
§ 64.2-444. Clerks may probate wills
§ 64.2-445. Appeal from order of clerk
§ 64.2-446. Motion for probate; process against persons interested in probate
§ 64.2-447. Use of depositions
§ 64.2-448. Complaint to impeach or establish a will; limitation of action; venue
§ 64.2-449. Procedure in probate proceedings
§ 64.2-450. Probate of copy of will proved outside the Commonwealth; authenticated copy
§ 64.2-451. Appointment of curator; when made; his duties
§ 64.2-452. How will may be made self-proved; affidavits of witnesses
§ 64.2-453. How will may be made self-proved; acknowledgment of witnesses
§ 64.2-454.1. Will contest; presumption of undue influence
§ 64.2-455. Wills to be recorded; recording copies; effect; transfer to the Library of Virginia
§ 64.2-456. Bona fide purchaser of real estate without notice of devise protected
§ 64.2-457. Bona fide purchaser of real estate without notice of devise protected; later will
§ 64.2-458. Bona fide purchaser of real estate without notice of devise protected; intestacy