{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-408.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-408.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-408.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-408.html"}],"law_id":67704,"edition_id":1,"section_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","history":"Code 1950, \u00a7\u00a7 64-55, 64-56; 1968, c. 656, \u00a7\u00a7 64.1-53, 64.1-54; 2012, c. 614; 2016, c. 266.","full_text":"A\n\nA will executed by a person while in the military service of the United States, as that term is defined in the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), that purports on its face to be witnessed as required by § 64.2-403, upon proof of the signature of the testator by any two disinterested witnesses, shall be presumed, in the absence of evidence to the contrary, to have been executed in accordance with the requirements of that section and shall be admitted to probate as if the formalities of execution were proved.B\n\nNotwithstanding the provisions of § 64.2-403, a person while in the military service of the United States, or a seaman or mariner while at sea, may dispose of his personal estate in the same manner as he might heretofore have done.","order_by":null,"text":{"0":{"id":245244,"text":"A will executed by a person while in the military service of the United States, as that term is defined in the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), that purports on its face to be witnessed as required by § 64.2-403, upon proof of the signature of the testator by any two disinterested witnesses, shall be presumed, in the absence of evidence to the contrary, to have been executed in accordance with the requirements of that section and shall be admitted to probate as if the formalities of execution were proved.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245245,"text":"Notwithstanding the provisions of § 64.2-403, a person while in the military service of the United States, or a seaman or mariner while at sea, may dispose of his personal estate in the same manner as he might heretofore have done.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-408\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 2012, chapter 614<\/a>; in 2016, chapter 266<\/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":273161,"object_type":"law","relational_id":67704,"identifier":"64.2-408","token":"64.2\/II\/4\/1\/64.2-408","url":"\/64.2-408\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-408\/","token":"64.2\/II\/4\/1\/64.2-408","dublin_core":{"Title":"Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-408","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A will<\/span> executed by a person while in the military service of the United States, as that term is defined in the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), that purports on its face to be witnessed as required by § 64.2-403<\/a>, upon proof of the signature of the testator by any two disinterested witnesses, shall be presumed, in the absence of evidence<\/span> to the contrary, to have been executed in accordance with the requirements of that section and shall be admitted to probate as if the formalities of execution were proved. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of § 64.2-403<\/a>, a person while in the military service of the United States, or a seaman or mariner while at sea, may dispose of his personal estate in the same manner as he might heretofore have done. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTION OF FORMAL EXECUTION OF WILLS MADE BY PERSONS IN MILITARY SERVICE;\nWILL OF PERSONAL ESTATE OF PERSONS IN MILITARY SERVICE AND SEAMEN (\u00a7 64.2-408)\n\nA. A will executed by a person while in the military service of the United\nStates, as that term is defined in the Servicemembers Civil Relief Act (50\nU.S.C. § 3901 et seq.), that purports on its face to be witnessed as\nrequired by § 64.2-403, upon proof of the signature of the testator by any\ntwo disinterested witnesses, shall be presumed, in the absence of evidence to\nthe contrary, to have been executed in accordance with the requirements of that\nsection and shall be admitted to probate as if the formalities of execution were\nproved.\n\nB. Notwithstanding the provisions of § 64.2-403, a person while in the\nmilitary service of the United States, or a seaman or mariner while at sea, may\ndispose of his personal estate in the same manner as he might heretofore have\ndone.\n\nHISTORY: Code 1950, \u00a7\u00a7 64-55, 64-56; 1968, c. 656, \u00a7\u00a7 64.1-53, 64.1-54;\n2012, c. 614; 2016, c. 266.","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}}