What are the requirements for a valid will?

In Virginia, there are several requirements for a valid will. First, the will must be in writing, signed by the person making the will, or the usually referred to as the “testator.” In addition, the testator must also sign the will in the presence of two witnesses, both of whom must sign the will as well. Second, the testator must be of sound mind, meaning that he or she is of age and of clear understanding. If there is any question as to the mental capacity of the testator, the court may require a medical evaluation by a qualified professional before the will can be accepted. Third, the testator must also be free from coercion or undue influence. This means that the testator must make his or her own decisions when it comes to creating the will and if someone attempts to force or sway the testator’s decision, then the will could be declared invalid. Finally, the testator must also adhere to any other applicable laws. For example, in Virginia, any will leaving property to a minor must be approved by the court. In such cases, a court-appointed guardian must file a petition for approval and a hearing may be necessary before the will is approved. In conclusion, a will in Virginia must be in writing, signed by the testator in the presence of two witnesses, the testator must be of sound mind, not under coercion or undue influence, and any other applicable laws must be met. Failure to meet any of these requirements could render the will invalid.

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