What is the procedure for revoking a will in Virginia?
Full Question:
My dad had made a will with respect to his property in Virginia in which he had given me major portion of his estate. He wants me to stay in Virginia and complete my higher education in Virginia. But I want to go to New York for my degree. We had an argument over this and he said that he would not give me a penny from his pocket if I go to N.Y. He also tore his will in anger. Is the will still valid or is it revoked?
02/08/2017 |
Category: Wills and Es... ยป Revocation |
State: Virginia |
#31760
Answer:
If the will is cut, torn , burned, obliterated canceled or destroyed by the testator(the one who made the will) or by another person under the direction of the testator, with an intent of revoking the will then the will may be considered void and of no affect.
If the testator makes a new will in a manner that expressly revokes the old will, then the old and any codicil therein will be considered as void and of no affect.
If the testator makes another will that expressly revoke a part but not whole of the former will or codicil, or if the new will contains provisions inconsistent with the old will, then such old will or codicil will be considered as revoked to the extent of such express revocation or inconsistency. Then the new will may be considered to have superseded the old will.The relevant statutory provision in this regard is stated below.
Va. Code Ann. § 64.2-410 reads:
“A. If a testator with the intent to revoke a will or codicil, or some person at his direction and in his presence, cuts, tears, burns, obliterates, cancels, or destroys a will or codicil, or the signature thereto, or some provision thereof, such will, codicil, or provision thereof is void and of no effect.
B. If a testator executes a will in the manner required by law or other writing in the manner in which a will is required to be executed that expressly revokes a former will, such former will, including any codicil thereto, is void and of no effect.
C. If a testator executes a will or codicil in the manner required by law that (i) expressly revokes a part, but not all, of a former will or codicil or (ii) contains provisions inconsistent with a former will or codicil, such former will or codicil is revoked and superseded to the extent of such express revocation or inconsistency if the later will or codicil is effective upon the death of the testator.”
B. If a testator executes a will in the manner required by law or other writing in the manner in which a will is required to be executed that expressly revokes a former will, such former will, including any codicil thereto, is void and of no effect.
C. If a testator executes a will or codicil in the manner required by law that (i) expressly revokes a part, but not all, of a former will or codicil or (ii) contains provisions inconsistent with a former will or codicil, such former will or codicil is revoked and superseded to the extent of such express revocation or inconsistency if the later will or codicil is effective upon the death of the testator.”
Thus, if your father tore the will with the intent of revoking it then it may be considered as void and of no effect or revoked.
