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Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1992

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1992 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the Code). In addition, in the year ending June 1, 1992, there were five cases from the Supreme Court of Virginia and two from the Fourth Circuit Court of Appeals which involve issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson Jan 1992

Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson

Law Faculty Publications

This article's thesis is that if it can be established by clear and convincing evidence (i) that a writing was intended to be a will, (ii) that the putative testator had the requisite capacity, and (iii) that the writing was not the product of fraud, duress or undue influence, then the writing ought to be admitted to probate as a will, even though it might fail to comply with some of the formalities contained in the statute of wills. Those who accept this thesis will agree that the present practice ofrequiring strict compliance with the formalities of the statute of …