Legal Question in Wills and Trusts in Virginia

I am legal guardian for my demented aunt.

My aunt has a handwritten will, the signature has been torn off, but I stillhave the signature portion. Is thee will valis in VA?


Asked on 7/01/11, 9:02 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

You may wish to consult with a local attorney who handles probate matters

in your area as to the feasibility of attempting to reattach the signature portion

of this holographic will if it's clear from the respective portions that the two

would still fit together as originally intended by the testator (your aunt) and that the act of tearing the signature off was not a deliberate attempt on her part to

void or invalidate the will.

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Answered on 7/01/11, 9:36 am
Paul B. Ward Law Offices of Paul B. Ward

I feel sure that the burden of proof would be on the proponent of the will that the signature was accidentally torn off, or torn by someone other than your aunt; if your aunt tore the signature off while she had testamentary capicity, which is a lower standard than being competent, the act would be views as a revocation of the will.

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Answered on 7/01/11, 12:27 pm


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