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Second, they are also generally over the age of 18, the legal age of consent. In other words, they are therefore more likely to be objective, third-party observers. First, they are generally not related or named in the document in question. When it comes to selecting individuals who are eligible to witness the signing of a last will and testament, there are two considerations in particular that come into play. The individual appeared to be of sound mind and have the required testamentary capacityīy attesting to these three facts, a witness plays a key role in establishing the validity of a last will and testament.They agree to witness the individual sign.Importance of WitnessesĪs noted, witnesses are required to be present and actually observe the testator signing the document. This is necessary because they are attesting to the following three crucial elements: In addition, the individual must then execute a self-proving affidavit, which is attached to the last will and testament either before both the two witnesses or before the independent witnesses and a notary. This self-proving affidavit attests to the witnesses assigned and testamentary capacity of the testator and is the other of the main requirements for signing wills in Virginia. One of the main requirements for signing wills in Virginia is that an individual sign in the presence of two independent witnesses.
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Requisites for ValidityĪnyone can voluntarily sign a will if they are over the age of 18 and have the required testamentary capacity. Given the number of requirements for signing wills in Virginia, all of which an experienced lawyer will be well equipped to explain, it is best to reach out to such an attorney as soon as possible to begin making all the necessary arrangements. Yes, every state, including the Commonwealth of Virginia, has a required will execution to enter the validity of a last will and testament. In other words, there are certain standards which must be met in order to sign a will. Requirements for Signing Wills in Virginia