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Uniform International Wills Act
The following discussion serves as a brief summary of the Uniform International Wills Act:
In 1995, Virginia (va) adopted the Uniform International Wills Act ((Virginia Code Section 64.1-96.2 - 96.11, as amended (the "Act")). As a general rule, a Will executed in conformity with the Act will be valid as to form, regardless of the place where it is made, the location of the assets, and the testator's nationality, domicile or residence. Failure to comply with the Act, however, does not affect the validity of the Will.
There are five (5) formal requirements for the Will to comply with the Act.
The Will must be in writing although it may be written by any person in any language and by any means.
The Testator must declare in the presence of two witnesses and a "authorized person" that the document is (a) is his Will and (b) that he knows its contents. Although the Act is not clear, it appears that the witnesses should be of sound mind and over the age of eighteen (18) (i.e. as otherwise required by Virginia (va) law).
The Testator must sign or acknowledge the Will in the presence of the witnesses and the authorized person.
Where the Testator is unable to sign, he must indicate the reason for his inability and the authorized person must make a note of it on the Will. If the Testator is unable to sign, special considerations apply.
The witnesses and the authorized person must attest the Will by signing it in the Testator's presence.
Procedural Suggestions (as opposed to requirements)
The Act contains several suggestions may be employed in a Will (although they do not affect the validity of the Will).
The signatures are at the end of the Will but also each sheet requires a signature of the Testator. (We normally only require initials on each page, but the Act specifically mentions this as desirable procedure.)
At the end of the Will, the authorized person notes the date that he signed it which will be the date of the Will.
The authorized person should ask the Testator whether he wishes to make a declaration about the safekeeping of this Will. We recommend the Testator declare that this, indeed, is their intent and that the Will be kept for safekeeping in the location indicated in the certificate.
Certificate of Execution
The authorized person then is to sign and attach to the Will a Certificate establishing that the requirements of the Act have been met. The statute contains a recommended form for this Certificate. The effect of the Certificate includes the following:
Absent evidence to the contrary, the Certificate conclusively establishes the validity of the Will under the Act.
The authorized person is to keep a copy of the Certificate and deliver another to the Testator. Its absence or irregularity, however, will not affect the form or validity of the Will.
Information and Registration
The Secretary of State (i.e. the U.S. Secretary of State and the Virginia (va) Secretary of Commonwealth) is required to establish a registry system by which authorized persons may enter the name, identification number, address and date and place of birth of the Testator and the intended place or deposit of safekeeping. The information is to be kept confidential until the Testator's death and then may be made available to any person who provides evidence of death. At the request of the authorized person, the Secretary of State may transmit the information it receives through the registry system of another jurisdiction as identified by the Testator.
DISCLAIMER: The information provided on this page is not intended to be legal advice. It is merely background information about legal issues of interest, selected statutes and selected recent cases in the Virginia Courts. Any individual legal issue should be discussed directly with a qualified attorney who has been engaged to render an opinion.
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