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Can Will be Invalidated?

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maggyva

Junior Member
What is the name of your state? VA

The Will was drawn up by an attorney in Virginia. This same attorney was named as Executor in the Will, and he also signed it as one of the two required witnesses. Isn't is illegal in Virginia for the attorney who drew up the Will to sign it as one of the two witnesses? And especially if he's also the Executor named in the Will? If so, is it a valid reason for a beneficiary to petition the court to revoke the Will? And if so, is there a statute of limitation for filing a petition?
 


BelizeBreeze

Senior Member
maggyva said:
What is the name of your state? VA

The Will was drawn up by an attorney in Virginia. This same attorney was named as Executor in the Will, and he also signed it as one of the two required witnesses. Isn't is illegal in Virginia for the attorney who drew up the Will to sign it as one of the two witnesses? And especially if he's also the Executor named in the Will? If so, is it a valid reason for a beneficiary to petition the court to revoke the Will? And if so, is there a statute of limitation for filing a petition?
these facts, in and of themselves, do not invalidate the will or the position of the attorney as executor.
It is NOT illegal in Virginia or anywhere else for an attorney, even the one drawing up the will, to also serve as Executor.
 

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