Legal Question in Wills and Trusts in Virginia

If a list of personal tangible property is made does it need to be witnessed or notarized in va


Asked on 10/07/11, 6:39 am

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

I am assuming you are talking about making a list of how to have your executor distribute tangible personal property after your death, and the answer is no, it does not have to be notarized or witnessed. Here's a portion of the relevant statute, 64.1-45.1:

"If a will refers to a written statement or list to dispose of items of tangible personal property not otherwise specifically bequeathed, the statement or list shall be given effect to the extent that it describes items of tangible personal property and their intended recipients with reasonable certainty and is signed by the testator although it does not satisfy the requirements for a will. Bequests of a general or residuary nature, whether referring only to personal property or to the entire estate, are not specific bequests for the purpose of this section.

The written statement or list may be referred to as one which is in existence at the time of the testator's death, may be prepared before or after the execution of the will, may be altered by the testator at any time and may be a writing that has no significance apart from its effect on the dispositions made by the will. When distribution is made pursuant to such a written statement or list, a copy thereof shall be furnished to the commissioner of accounts along with the legatee's receipt. "

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Answered on 10/07/11, 7:22 am


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