Legal Question in Wills and Trusts in Virginia

Proving a will

Mom (recently passed away) made out will in 1985 and was signed by her & 3 witnesses, including her lawyer. The will was not notarized. It appears all 3 witnesses have passed away and clerk's office states that we must find people who can verify that the witnesses' signatures are truly theirs to prove the will. This is difficult in that relatives of these people are either unknown or no longer living. Probate hearing is Friday, 11 October at 10 am so we are on short time frame and are not in the area of the hearing at the moment. Is the clerk's office correct? We were informed by a former Commonwealth's Attorney/State Senator via a friend that what the clerk's office was stating is not true.


Asked on 10/09/02, 6:06 pm

1 Answer from Attorneys

Elizabeth Jones Elizabeth Ann Jones, P.C.

Re: Proving a will

The Clerk's office is correct. If the lawyer has passed away, find out what happened to his files. Someone must have them. That's the best place to start. Ask the Court for a continuance.

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Answered on 10/10/02, 8:56 am


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