Virginia Will - Codicil to change Executer

Asked over 4 years ago - Waynesboro, VA

I have two children listed as my executers of my will. The one has small children and lives out of town and I don't want this to be a burden to her. Can I handwrite a codicil taking her off. As information, it is in my written will that whoever is executer, doe not receive any more money.

Attorney answers (1)

  1. Christopher M Guest

    Contributor Level 7

    Answered . A Codicil to be effective in VA, it must met the same requirements of your will. However, Virginia does recognize holographic (i.e. handwritten) wills and courts generally will construe the language liberally.

    The real question is why the need to remove one of your children as personal representative. (Though the better question would be why you wanted both listed as PR when the original will was drafted). While it might be burdensome to your out of state child they can certainly disavow the being executor if they feel that way and let your in-state child be the executor.

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