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?
2 Answers from Attorneys
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.
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.