Guides
Virginia probate articles
- How Do You Make a Valid Will In Virginia?
2021-01-05
To make a valid will under Virginia law, the will must be: In writing; Signed by the testator Witnessed by two competent witnesses The requirements to make a valid will under Virginia law are found at Virginia Code § 64.2-403 . Who C…
- How To Contest a Will in Virginia
2019-09-19
One can contest a will in a Virginia probate proceeding on a number of grounds, including lack of proper testamentary formalities, undue influence, lack of capacity, and that the will was revoked. Contest a Will In Virginia For Lack of Prop…
- Surviving Spouse Rights Virginia
2019-08-26
A surviving spouse is entitled to many rights and benefits under Virginia law, including: Intestate Share Elective Share Maintenance Allowance Exempt Property Homestead Allowance Learning about your widow's rights under Virginia law is the …
- Virginia Supreme Court Affirms Decision Relying On Parol Evidence To Interpret Will
2020-05-29
In the May 2020 opinion of Larsen v. Stack , the Virginia Supreme Court used the principles of will interpretation to interpret an ambiguous will using parol evidence. The Facts of Larsen v. Stack Erik Larsen died in April 2017. Erik’s will…
- Virginia Supreme Court: Attorney’s Fees Can Be Awarded In Fraud Suit Without Finding That Fraud Was “Particularly Egregious”
2021-03-04
In St. John v. Thompson , the Virginia Supreme Court, in a February 25, 2021 opinion, reviewed a fraud case where fees were awarded in favor of the defrauded party, and considered whether attorney’s fees were only awardable in particularly …
- Virginia Supreme Court: The Term “Fair Market Value” In Codicil Provides No Certainty As To Price
2020-12-14
Real property is routinely bequeathed to people in a decedent’s will or codicil. In the December 10, 2020 opinion of Wilburn v. Mangano , the Virginia Supreme Court considered whether an option to purchase decedent’s real property at “fair …
- Virginia Supreme Court: Unrepresented Parties Who Benefit From Partition Not Responsible For Plaintiff’s Attorneys Fees
2020-08-25
It is not uncommon for one party to spearhead a lawsuit that benefits others who are not represented in the litigation. This scenario is often the case in partition actions involving inherited real property. In Berry v. Fitzhugh , the Virgi…
- Who Are Next Of Kin In Virginia?
2020-07-20
Next of kin under Virginia law generally means the closest living relatives of the decedent. The Virginia Supreme Court has stated that the term “next of kin” is “a nontechnical term whose commonly accepted meaning is ‘nearest in blood.’” E…
- Who Can Create a Revocable Trust In Virginia?
2022-03-22
To create a revocable trust under Virginia law, the settlor must be: At least 18 years old or an emancipated minor Of sound mind What Is the Age Requirement To Create a Revocable Trust Under Virginia Law? In Virginia, the same age re…
- Who Can Serve As Personal Representative In Virginia?
2021-11-11
To serve as a personal representative in Virginia, an individual must be: 18 years of age or older; Able to obtain surety, if required; Suitable and competent to perform the duties of a personal representative in Virginia. Virginia d…