codicil to will

[Betty7]

What is the name of your state? Virginia

My mother(81) had made a codicil to her will. She is insisting that in the state of VA all she has to do is write it in her own handwriting and sign it...no witnesses, no notary, nothing. She says it is will be legal if its in her own handwriting and nothing else needs to be done. So, is she right? Plus, her handwriting has deteriorated as she has gotten older, and she said it took her 10 times to write the codicil so that it can be read. And she is keeping the codicil at home and not with the will.

 

[I AM ALWAYS LIABLE]

My response:

Your Mom may be 81, but she still has all of her marbles. She's absolutely correct. All she has to do is write it in her own handwriting, date it, and sign it.

Also, she can keep it hidden and, after her death, spring it on you as a big surprise.

Isn't the fear of the unknown killing you?

IAAL

 

[Dandy Don]

You would be wise to suggest that your mother at least consult with an attorney to make absolutely certain that everything she has done is legal and correct, and maybe even have the codicil typed or the will re-typed to include the language of the codicil. If she dies and it turns out that no one can read her language or if it is discovered that something is wrong with the codicil, it will be too late to try to figure out what her actual intentions were.

Was a probate attorney consulted when she drew up the original will?

Will the executor even know where the codicil is if she doesn't tell him/her? It would be preferable for the codicil to be kept with the will, although if she wishes to keep them separate that is her business.

DANDY DON IN OKLAHOMA ([email protected])

 

[Betty7]

Thanks for replying, Dandy Don. Yes, her original will was drawn up by a lawyer. But I am still wondering if her codicil is legal in VA if it is not witnessed or notarized.

 

[Betty7]

To "I Am Always Libel":

Thanks. Yes, mom is sharp as a tack. And no, there is no fear of the unknown. I know what it says. And you answered my main question...if it is legal in the state of Va?