{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-404.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-404.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-404.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-404.1.html"}],"law_id":66614,"edition_id":1,"section_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","history":"2018, c. 44.","full_text":"A\n\nThe court may reform the terms of a decedent’s will, or any codicil thereto, even if unambiguous, to conform the terms to the decedent’s intention if it is proved by clear and convincing evidence that both the decedent’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement.B\n\nIf shown by clear and convincing evidence, the court may modify the terms of a decedent’s will to achieve the decedent’s tax objectives in a manner that is not contrary to the decedent’s probable intention.C\n\nNotice must be given and a person may represent and bind another person in proceedings under this section to the same extent that a person may represent and bind another person in proceedings brought under § 64.2-733 or 64.2-734 relating to trusts.D\n\nThe remedies granted by this section are available only in proceedings brought in a circuit court under the appropriate provisions of this title, filed within one year from the decedent’s date of death and in which all interested persons are made parties.E\n\nThis section applies to all wills and codicils regardless of the date of their execution and all judicial proceedings regardless of when commenced, except that this section shall not apply to any judicial proceeding commenced before July 1, 2018, if the court finds that its application would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of the parties.","order_by":null,"text":{"0":{"id":241694,"text":"The court may reform the terms of a decedent’s will, or any codicil thereto, even if unambiguous, to conform the terms to the decedent’s intention if it is proved by clear and convincing evidence that both the decedent’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241695,"text":"If shown by clear and convincing evidence, the court may modify the terms of a decedent’s will to achieve the decedent’s tax objectives in a manner that is not contrary to the decedent’s probable intention.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":241696,"text":"Notice must be given and a person may represent and bind another person in proceedings under this section to the same extent that a person may represent and bind another person in proceedings brought under § 64.2-733 or 64.2-734 relating to trusts.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":241697,"text":"The remedies granted by this section are available only in proceedings brought in a circuit court under the appropriate provisions of this title, filed within one year from the decedent’s date of death and in which all interested persons are made parties.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":241698,"text":"This section applies to all wills and codicils regardless of the date of their execution and all judicial proceedings regardless of when commenced, except that this section shall not apply to any judicial proceeding commenced before July 1, 2018, if the court finds that its application would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of the parties.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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 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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":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},"next_section":{"id":65138,"structure_id":14409,"section_number":"64.2-405","catch_line":"Interested persons as competent 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This law was first created in 2018. The record of its establishment is cataloged in chapter 44<\/a> 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.<\/p>","references":false,"refers_to":[{"id":84040,"section_number":"64.2-733","catch_line":"Reformation to correct mistakes","order_by":null,"url":"\/64.2-733\/"},{"id":60974,"section_number":"64.2-734","catch_line":"Modification to achieve settlor's tax objectives","order_by":null,"url":"\/64.2-734\/"}],"permalink":{"id":273145,"object_type":"law","relational_id":66614,"identifier":"64.2-404.1","token":"64.2\/II\/4\/1\/64.2-404.1","url":"\/64.2-404.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-404.1\/","token":"64.2\/II\/4\/1\/64.2-404.1","dublin_core":{"Title":"Reformation of will to correct mistakes or achieve decedent’s tax objectives","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-404.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The court<\/span> may reform the terms of a decedent’s will<\/span>, or any codicil thereto, even if unambiguous, to conform the terms to the decedent’s intention if it is proved by clear and convincing evidence<\/span> that both the decedent’s intent<\/span> and the terms of the will<\/span> were affected by a mistake of fact<\/span> or law<\/span>, whether in expression or inducement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If shown by clear and convincing evidence<\/span>, the court<\/span> may modify the terms of a decedent’s will<\/span> to achieve the decedent’s tax objectives in a manner that is not contrary to the decedent’s probable intention. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notice must be given and a person may represent and bind another person in proceedings under this section to the same extent that a person may represent and bind another person in proceedings brought under § 64.2-733<\/a> or 64.2-734<\/a> relating to trusts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The remedies granted by this section are available only in proceedings brought in a circuit<\/span> court<\/span> under the appropriate provisions of this title, filed within one year from the decedent’s date of death and in which all interested persons are made parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section applies to all wills<\/span> and codicils regardless of the date of their execution and all judicial proceedings regardless of when commenced, except that this section shall not apply to any judicial proceeding commenced before July 1, 2018, if the court<\/span> finds that its application would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of the parties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFORMATION OF WILL TO CORRECT MISTAKES OR ACHIEVE DECEDENT’S TAX\nOBJECTIVES (\u00a7 64.2-404.1)\n\nA. The court may reform the terms of a decedent’s will, or any codicil\nthereto, even if unambiguous, to conform the terms to the decedent’s\nintention if it is proved by clear and convincing evidence that both the\ndecedent’s intent and the terms of the will were affected by a mistake of\nfact or law, whether in expression or inducement.\n\nB. If shown by clear and convincing evidence, the court may modify the terms of\na decedent’s will to achieve the decedent’s tax objectives in a\nmanner that is not contrary to the decedent’s probable intention.\n\nC. Notice must be given and a person may represent and bind another person in\nproceedings under this section to the same extent that a person may represent\nand bind another person in proceedings brought under § 64.2-733 or 64.2-734\nrelating to trusts.\n\nD. The remedies granted by this section are available only in proceedings\nbrought in a circuit court under the appropriate provisions of this title, filed\nwithin one year from the decedent’s date of death and in which all\ninterested persons are made parties.\n\nE. This section applies to all wills and codicils regardless of the date of\ntheir execution and all judicial proceedings regardless of when commenced,\nexcept that this section shall not apply to any judicial proceeding commenced\nbefore July 1, 2018, if the court finds that its application would substantially\ninterfere with the effective conduct of the judicial proceeding or prejudice the\nrights of the parties.\n\nHISTORY: 2018, c. 44.","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}}