Tag Archives: Testamentary Intent

Ruling Highlights the Need for Testamentary Intent for Holographic Codicil

Last month, the Fairfax, Virginia Circuit Court issued a written opinion that, while it does not break new law in Virginia, illustrates how a writing must demonstrate “testamentary intent” to qualify as a valid holographic codicil. First, some background: Virginia law provides that: “A will wholly in the testator’s handwriting is valid without further requirements, provided that the fact that a will is wholly in the testator’s handwriting and signed by the testator is proved by at least two disinterested witnesses.” Va. Code § 64.2-403(B). Such a will is called a “holographic will”.  This code section creates an exception to …

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