{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-401.html"}],"law_id":86004,"edition_id":1,"section_id":86004,"structure_id":14409,"section_number":"64.2-401","catch_line":"Who may make a will; what estate may be disposed of","history":"Code 1950, \u00a7\u00a7 64-48, 64-49; 1968, c. 656, \u00a7\u00a7 64.1-46, 64.1-47; 1972, c. 825; 2000, c. 161; 2012, c. 614.","full_text":"A\n\nExcept as provided in subsection B, any individual may make a will to dispose of all or part of his estate at his death that, if not disposed of, would otherwise pass by intestate succession, including any estate, right, or interest that the testator may subsequently become entitled to after the execution of the will.B\n\nAn individual is not capable of making a will if he is (i) of unsound mind or (ii) an unemancipated minor.","order_by":null,"text":{"0":{"id":308011,"text":"Except as provided in subsection B, any individual may make a will to dispose of all or part of his estate at his death that, if not disposed of, would otherwise pass by intestate succession, including any estate, right, or interest that the testator may subsequently become entitled to after the execution of the will.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":308012,"text":"An individual is not capable of making a will if he is (i) of unsound mind or (ii) an unemancipated minor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14409,"edition_id":1,"name":"Requisites and Execution","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13480,"metadata":{},"date_created":"2026-06-26 03:48:02","date_modified":"2026-06-26 03:48:02","permalink":{"id":273123,"object_type":"structure","relational_id":14409,"identifier":"1","token":"64.2\/II\/4\/1","url":"\/64.2\/II\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13480,"edition_id":1,"name":"Wills","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":273121,"object_type":"structure","relational_id":13480,"identifier":"4","token":"64.2\/II\/4","url":"\/64.2\/II\/4\/","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":84900,"structure_id":14409,"section_number":"64.2-400","catch_line":"Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property","url":"\/64.2-400\/","token":"64.2\/II\/4\/1\/64.2-400","metadata":false},{"id":86004,"structure_id":14409,"section_number":"64.2-401","catch_line":"Who may make a will; what estate may be disposed of","url":"\/64.2-401\/","token":"64.2\/II\/4\/1\/64.2-401","metadata":false},{"id":57541,"structure_id":14409,"section_number":"64.2-402","catch_line":"Advertisements to draw wills prohibited; penalty","url":"\/64.2-402\/","token":"64.2\/II\/4\/1\/64.2-402","metadata":false},{"id":67027,"structure_id":14409,"section_number":"64.2-403","catch_line":"Execution of wills; requirements","url":"\/64.2-403\/","token":"64.2\/II\/4\/1\/64.2-403","metadata":false},{"id":80803,"structure_id":14409,"section_number":"64.2-404","catch_line":"Writings intended as wills","url":"\/64.2-404\/","token":"64.2\/II\/4\/1\/64.2-404","metadata":false},{"id":66614,"structure_id":14409,"section_number":"64.2-404.1","catch_line":"Reformation of will to correct mistakes or achieve decedent's tax objectives","url":"\/64.2-404.1\/","token":"64.2\/II\/4\/1\/64.2-404.1","metadata":false},{"id":65138,"structure_id":14409,"section_number":"64.2-405","catch_line":"Interested persons as competent witnesses","url":"\/64.2-405\/","token":"64.2\/II\/4\/1\/64.2-405","metadata":false},{"id":78760,"structure_id":14409,"section_number":"64.2-406","catch_line":"Repealed","url":"\/64.2-406\/","token":"64.2\/II\/4\/1\/64.2-406","metadata":false},{"id":55752,"structure_id":14409,"section_number":"64.2-407","catch_line":"Will of personal estate of nonresidents","url":"\/64.2-407\/","token":"64.2\/II\/4\/1\/64.2-407","metadata":false},{"id":67704,"structure_id":14409,"section_number":"64.2-408","catch_line":"Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen","url":"\/64.2-408\/","token":"64.2\/II\/4\/1\/64.2-408","metadata":false},{"id":62443,"structure_id":14409,"section_number":"64.2-409","catch_line":"Wills of living persons lodged for safekeeping with clerks of certain courts","url":"\/64.2-409\/","token":"64.2\/II\/4\/1\/64.2-409","metadata":false}],"previous_section":{"id":84900,"structure_id":14409,"section_number":"64.2-400","catch_line":"Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property","url":"\/64.2-400\/","token":"64.2\/II\/4\/1\/64.2-400","metadata":false},"next_section":{"id":57541,"structure_id":14409,"section_number":"64.2-402","catch_line":"Advertisements to draw wills prohibited; penalty","url":"\/64.2-402\/","token":"64.2\/II\/4\/1\/64.2-402","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-401\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. 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. Those modifications are as follows: in 1968, chapter 656; in 1972, chapter 825; in 2000, chapter 161<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":273129,"object_type":"law","relational_id":86004,"identifier":"64.2-401","token":"64.2\/II\/4\/1\/64.2-401","url":"\/64.2-401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-401\/","token":"64.2\/II\/4\/1\/64.2-401","dublin_core":{"Title":"Who may make a will; what estate may be disposed of","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection B, any individual may make a will<\/span> to dispose of all or part of his estate at his death that, if not disposed of, would otherwise pass by intestate succession, including any estate, right, or interest that the testator may subsequently become entitled to after the execution of the will<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An individual is not capable of making a will<\/span> if he is (i) of unsound mind or (ii) an unemancipated minor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHO MAY MAKE A WILL; WHAT ESTATE MAY BE DISPOSED OF (\u00a7 64.2-401)\n\nA. Except as provided in subsection B, any individual may make a will to dispose\nof all or part of his estate at his death that, if not disposed of, would\notherwise pass by intestate succession, including any estate, right, or interest\nthat the testator may subsequently become entitled to after the execution of the\nwill.\n\nB. An individual is not capable of making a will if he is (i) of unsound mind or\n(ii) an unemancipated minor.\n\nHISTORY: Code 1950, \u00a7\u00a7 64-48, 64-49; 1968, c. 656, \u00a7\u00a7 64.1-46, 64.1-47;\n1972, c. 825; 2000, c. 161; 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}}