Legal Question in Wills and Trusts in Virginia
Obtaining a copy of a Will/Trust
I want to know how to get a complete certified copy of my grandfathers will including the page that he signed. I would like to do this without his lawyers knowledge.
2 Answers from Attorneys
Re: Obtaining a copy of a Will/Trust
Why don't you or some one just diplomatically ask your grandfather to see at least a copy of his authenticated will(assuming, of course, that he's still among the living)?
Re: Obtaining a copy of a Will/Trust
Do you mean while he is still alive? Legally, there is no way for you to require anyone to give you a copy. For a living person, a will is always subject to change at any time. And the writer of the will (testator, of the testament) is not required to provide a copy to you.
On the other hand, if the testator has passed, then it MUST be filed with the probate division of the circuit court in the county where he lived. Many people play fast and loose with the rules for probates and wills. But it must be disclosed.
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