{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-314.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-314.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-314.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-314.html"}],"law_id":75016,"edition_id":1,"section_id":75016,"structure_id":15170,"section_number":"64.2-314","catch_line":"Waiver","history":"1990, c. 831, \u00a7 64.1-151.6; 2012, c. 614.","full_text":"A\n\nThe 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\n\nThe 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.","order_by":null,"text":{"0":{"id":269452,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269453,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15170,"edition_id":1,"name":"Exempt Property and Allowances","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12864,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":273053,"object_type":"structure","relational_id":15170,"identifier":"2","token":"64.2\/II\/3\/2","url":"\/64.2\/II\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12864,"edition_id":1,"name":"Rights of Married Persons","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272943,"object_type":"structure","relational_id":12864,"identifier":"3","token":"64.2\/II\/3","url":"\/64.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87056,"structure_id":15170,"section_number":"64.2-309","catch_line":"Family allowance","url":"\/64.2-309\/","token":"64.2\/II\/3\/2\/64.2-309","metadata":false},{"id":61915,"structure_id":15170,"section_number":"64.2-310","catch_line":"Exempt property","url":"\/64.2-310\/","token":"64.2\/II\/3\/2\/64.2-310","metadata":false},{"id":58287,"structure_id":15170,"section_number":"64.2-311","catch_line":"Homestead allowance","url":"\/64.2-311\/","token":"64.2\/II\/3\/2\/64.2-311","metadata":false},{"id":57777,"structure_id":15170,"section_number":"64.2-312","catch_line":"Source, determination, and documentation of family allowance, exempt property, and homestead allowance; petition for relief","url":"\/64.2-312\/","token":"64.2\/II\/3\/2\/64.2-312","metadata":false},{"id":62592,"structure_id":15170,"section_number":"64.2-313","catch_line":"When and how exempt property and allowances may be claimed","url":"\/64.2-313\/","token":"64.2\/II\/3\/2\/64.2-313","metadata":false},{"id":75016,"structure_id":15170,"section_number":"64.2-314","catch_line":"Waiver","url":"\/64.2-314\/","token":"64.2\/II\/3\/2\/64.2-314","metadata":false}],"previous_section":{"id":62592,"structure_id":15170,"section_number":"64.2-313","catch_line":"When and how exempt property and allowances may be claimed","url":"\/64.2-313\/","token":"64.2\/II\/3\/2\/64.2-313","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-314\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 831 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":61399,"section_number":"20-147","catch_line":"Application","order_by":null,"url":"\/20-147\/"},{"id":87056,"section_number":"64.2-309","catch_line":"Family allowance","order_by":null,"url":"\/64.2-309\/"},{"id":61915,"section_number":"64.2-310","catch_line":"Exempt property","order_by":null,"url":"\/64.2-310\/"},{"id":58287,"section_number":"64.2-311","catch_line":"Homestead allowance","order_by":null,"url":"\/64.2-311\/"}],"permalink":{"id":273075,"object_type":"law","relational_id":75016,"identifier":"64.2-314","token":"64.2\/II\/3\/2\/64.2-314","url":"\/64.2-314\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-314\/","token":"64.2\/II\/3\/2\/64.2-314","dublin_core":{"Title":"Waiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-314","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The right of a decedent’s surviving spouse to a homestead allowance in the estate of a decedent as provided in § 64.2-311<\/a> may be waived during the decedent’s lifetime only by execution of a marital or premarital agreement in accordance with Chapter 8 (§ 20-147<\/a> et seq.) of Title 20 or by execution of a waiver<\/span> provided (i) the waiver<\/span> is in writing, (ii) the language of the waiver<\/span> mentions homestead allowance in conspicuous language, and (iii) the waiver<\/span> has been signed by the surviving spouse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The right to the family allowance and exempt property, as provided in §§ 64.2-309<\/a> and 64.2-310<\/a>, 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<\/a> et seq.) of Title 20. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWAIVER (\u00a7 64.2-314)\n\nA. The right of a decedent’s surviving spouse to a homestead allowance in\nthe estate of a decedent as provided in § 64.2-311 may be waived during the\ndecedent’s lifetime only by execution of a marital or premarital agreement\nin accordance with Chapter 8 (§ 20-147 et seq.) of Title 20 or by execution\nof a waiver provided (i) the waiver is in writing, (ii) the language of the\nwaiver mentions homestead allowance in conspicuous language, and (iii) the\nwaiver has been signed by the surviving spouse.\n\nB. The right to the family allowance and exempt property, as provided in\n§§ 64.2-309 and 64.2-310, may be waived during the decedent’s\nlifetime only by execution of a marital or premarital agreement made in\naccordance with Chapter 8 (§ 20-147 et seq.) of Title 20.\n\nHISTORY: 1990, c. 831, \u00a7 64.1-151.6; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}