Virginia Code 64.2-404.1: Reformation of will to correct mistakes or achieve decedent’s tax objectives
A. The court may reform the terms of a decedent‘s will, or any codicil thereto, even if unambiguous, to conform the terms to the decedent’s intention if it is proved by clear and convincing evidence that both the decedent’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement.
Terms Used In Virginia Code 64.2-404.1
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Decedent: A deceased person.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
B. If shown by clear and convincing evidence, the court may modify the terms of a decedent’s will to achieve the decedent’s tax objectives in a manner that is not contrary to the decedent’s probable intention.
C. Notice must be given and a person may represent and bind another person in proceedings under this section to the same extent that a person may represent and bind another person in proceedings brought under § 64.2-733 or 64.2-734 relating to trusts.
D. The remedies granted by this section are available only in proceedings brought in a circuit court under the appropriate provisions of this title, filed within one year from the decedent’s date of death and in which all interested persons are made parties.
E. This section applies to all wills and codicils regardless of the date of their execution and all judicial proceedings regardless of when commenced, except that this section shall not apply to any judicial proceeding commenced before July 1, 2018, if the court finds that its application would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of the parties.
2018, c. 44.