                                 CODE OF VIRGINIA

WRITINGS INTENDED AS WILLS (§ 64.2-404)

A. Although a document, or a writing added upon a document, was not executed in
compliance with &#xA7; 64.2-403, the document or writing shall be treated as if
it had been executed in compliance with &#xA7; 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&#8217;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. The remedy granted by this section (i) may not be used to excuse compliance
with any requirement for a testator&#8217;s signature, except in circumstances
where two persons mistakenly sign each other&#8217;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&#8217;s date of death and in which all interested persons are made
parties.

HISTORY: 2007, c. 538, § 64.1-49.1; 2012, c. 614.