{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-404.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-404.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-404.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-404.html"}],"law_id":80803,"edition_id":1,"section_id":80803,"structure_id":14409,"section_number":"64.2-404","catch_line":"Writings intended as wills","history":"2007, c. 538, \u00a7 64.1-49.1; 2012, c. 614.","full_text":"A\n\nAlthough a document, or a writing added upon a document, was not executed in compliance with § 64.2-403, the document or writing shall be treated as if it had been executed in compliance with § 64.2-403 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute (i) the decedent’s will, (ii) a partial or complete revocation of the will, (iii) an addition to or an alteration of the will, or (iv) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.B\n\nThe remedy granted by this section (i) may not be used to excuse compliance with any requirement for a testator’s signature, except in circumstances where two persons mistakenly sign each other’s will, or a person signs the self-proving certificate to a will instead of signing the will itself and (ii) is 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.","order_by":null,"text":{"0":{"id":289651,"text":"Although a document, or a writing added upon a document, was not executed in compliance with § 64.2-403, the document or writing shall be treated as if it had been executed in compliance with § 64.2-403 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute (i) the decedent’s will, (ii) a partial or complete revocation of the will, (iii) an addition to or an alteration of the will, or (iv) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289652,"text":"The remedy granted by this section (i) may not be used to excuse compliance with any requirement for a testator’s signature, except in circumstances where two persons mistakenly sign each other’s will, or a person signs the self-proving certificate to a will instead of signing the will itself and (ii) is 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":["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":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},"next_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","url":"\/64.2-404.1\/","token":"64.2\/II\/4\/1\/64.2-404.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-404\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 538<\/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. 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":67027,"section_number":"64.2-403","catch_line":"Execution of wills; requirements","order_by":null,"url":"\/64.2-403\/"}],"permalink":{"id":273141,"object_type":"law","relational_id":80803,"identifier":"64.2-404","token":"64.2\/II\/4\/1\/64.2-404","url":"\/64.2-404\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-404\/","token":"64.2\/II\/4\/1\/64.2-404","dublin_core":{"Title":"Writings intended as wills","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-404","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Although a document, or a writing added upon a document, was not executed in compliance with § 64.2-403<\/a>, the document or writing shall be treated as if it had been executed in compliance with § 64.2-403<\/a> if the proponent of the document or writing establishes by clear and convincing evidence<\/span> that the decedent intended the document or writing to constitute (i) the decedent’s will<\/span>, (ii) a partial or complete revocation<\/span> of the will<\/span>, (iii) an addition to or an alteration of the will<\/span>, or (iv) a partial or complete revival of his formerly revoked will<\/span> or of a formerly revoked portion of the will<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The remedy granted by this section (i) may not be used to excuse compliance with any requirement for a testator’s signature, except in circumstances where two persons mistakenly sign each other’s will<\/span>, or a person signs the self-proving certificate to a will<\/span> instead of signing the will<\/span> itself and (ii) is 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>","plain_text":" CODE OF VIRGINIA\n\nWRITINGS INTENDED AS WILLS (\u00a7 64.2-404)\n\nA. Although a document, or a writing added upon a document, was not executed in\ncompliance with § 64.2-403, the document or writing shall be treated as if\nit had been executed in compliance with § 64.2-403 if the proponent of the\ndocument or writing establishes by clear and convincing evidence that the\ndecedent intended the document or writing to constitute (i) the decedent’s\nwill, (ii) a partial or complete revocation of the will, (iii) an addition to or\nan alteration of the will, or (iv) a partial or complete revival of his formerly\nrevoked will or of a formerly revoked portion of the will.\n\nB. The remedy granted by this section (i) may not be used to excuse compliance\nwith any requirement for a testator’s signature, except in circumstances\nwhere two persons mistakenly sign each other’s will, or a person signs the\nself-proving certificate to a will instead of signing the will itself and (ii)\nis available only in proceedings brought in a circuit court under the\nappropriate provisions of this title, filed within one year from the\ndecedent’s date of death and in which all interested persons are made\nparties.\n\nHISTORY: 2007, c. 538, \u00a7 64.1-49.1; 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}}