Legal Question in Wills and Trusts in Virginia

Re: Items removed from estate shortly before death.

Without knowing the nature of this "document" that allegedly entitled this particular heir to these items of personal property, it would be difficult to say. However, if in fact it qualified as a valid coda(addendum)to the will, then whatever was referenced in this coda with respect to the disposition of items already mentioned in the will,

should take precedence over this previous disposition in the will.

Re: Items removed from estate shortly before death.

As is so often the case, the answer is "it depends."

If the will your uncle had refers to a written statement or list to dispose of items of tangible personal propert not otherwise specifically bequeathed, the statement shall be given effect to the extent that it describes items of tangible personal property and their intended recipients with reasonable certainty and is signd by your uncle. Bu that all depends on the will stating that a separate writing may be left to direct the executor to dispose of certain items of tangible personal property.

If the will does contain such language, the writing may not override a specific bequest of a particular item that was written into the will.

A will may be amended by a codicil, which must meet the requirements of formality of a will: it must be either wholly in the handwriting of the testator and signed by him, or it must be in writing not wholly of he testator, and the signature witnessed in writing by two witnesses.

It's a tricky area, and you would be well advised to consult an attorney.