In its opinion in Schilling v. Schilling,
695 S.E.2d 181 (Va. 2010), the Virginia Supreme Court reiterated the
usual rule that validity of a will is governed by the statutes in
effect when a testator dies. The court therefore reversed the trial
court's grant of contestants' demurrer and remanded to allow the
proponent the opportunity to establish by clear and convincing evidence
the decedent's intent that the document offered is the decedent's will
under the Virginia version of the "harmless error rule" effective July
1, 2007 which was after the decedent wrote the document but before the
decedent's death.
Click here to read the entire court decision.
Hat tip: Wills, Trust & Estates Prof Blog
Posted by Yi Song, Associate Editor, Wealth Strategies Journal.
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