Validating and Revoking a Will
Checklist for Validating and Revoking a Will
A Valid Will Must:
- Be in writing and signed by an individual who is 18 years or older ( the “Testator”) and of competent mind;
- Be signed and acknowledged by the Testator in the presence of two disinterested witnesses if the Will is typewritten;
- Be signed by the Testator and witnesses in the presence of each other and at the same time ; and
- Have all signatures to the document certified by a Notary Public.
When a Will is offered for probate it must be the original Will containing the original signatures and the notary stamp.
A Will is a revocable document, meaning it can be modified or wholly revoked by its Testator, or an agent at the Testator’s direction, at any time.
To revoke a Will,
- Mark “Revoked” on each page, or
- Destroy the Will by shredding it.
If an original Will cannot be located, Virginia law presumes it was intentionally revoked. A Codicil may be prepared to make small changes to a Will in lieu of revoking the entire Will.