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1995 SESSION

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LD3956356
HOUSE BILL NO. 1171 House Amendments in [ ] -- January 12, 1995 A BILL to amend the Code of Virginia by adding a section numbered 64.1-49.1, relating to writings intended as wills. ---------- Patrons--Miller, Hargrove, Johnson, Katzen and Murphy; Senator: Miller, K.G. ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 64.1-49.1 as follows:

§ 64.1-49.1. Writings intended as wills, etc.

Although a document or writing added upon a document was not executed in compliance with § 64.1-49, the document or writing [ is shall be ] treated as if it had been executed in compliance with [ that section § 64.1-49 ] if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute (i) the decedent's will, (ii) a partial or complete revocation of the will, (iii) an addition to or an alteration of the will, or (iv) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.

The remedy granted by this section is available only in [ inter partes ] proceedings in circuit court [ in which all interested persons are made parties ] , brought under the appropriate provisions of this title, that are filed within [ two one ] year from the decedent's date of death.

The provisions of this section shall apply to all documents and writings of decedents dying after June 30, [ 1994 1995 ] , regardless of when such documents or writings came into existence.