Legal Question in Wills and Trusts in Virginia
If a will is written in Virginia;
1) how many whitness signatures are required on the will
2) do the signatures need to be dated
3) does a codicil attached need to refere back to the originating will
4) how many whitness signatures are required on the codicil
2 Answers from Attorneys
Unless entirely handwritten by the testator, a will must be witnessed by two people who are together in the room with the testator and should be notarized to insure the identification of the witnesses. The same rules apply to a codicil; a codicil should identify the original will it is modifying, but need not be physically attached to it.
1. Two
2. The notarial execution will normally have a date affixed to it(although notarization of a will is not a requirement for its validity).
3. Any codicil should normally reference the original will in order to avoid possible confusion and/or ambiguity. (These days codicils are avoided in favor of redoing the entire will with the many software applications now available.)
4. Same as original will