In criminal cases, depositions are normally taken to preserve testimony from a witness. If will is wholly in handwriting of testator and signed by him, neither acknowledgment nor witnesses are necessary; proof of handwriting must be by at least two disinterested witnesses. Note: State laws are constantly changing -- contact a Virginia wills attorney or conduct your own legal research to verify the state law (s) you are researching. First, you must have the status of an âinterested person.â General curiosity does not give anyone this status. make it in writing. A. The attorneys at Smith Strong, PLC regularly engage expert witnesses to assist in cases of divorce, custody, and support. No person is incompetent to testify for or against a will solely by reason of any interest he possesses in the will or the estate of the testator. A witness to a will should be: an adult (i.e. See our How to Become a Notary Infographic for an easy breakdown of the steps you will need to take. Code of Virginia. They must have mental competency and ⦠; mode of execution; witnesses, and proof of handwriting. Although the law does not require a will to be notarized, it is a highly recommended practice followed by most lawyers. Code 1950, § 64-51; 1968, c. 656, § 64.1-49; 2012, c. 614. make it voluntarily. Any mentally competent person who is at least eighteen years old may make a will. In Virginia, your witnesses canât be under the age of 18. B. Take these four practical steps to save time and help assure a sound result: Inventory your assets. If in doubt, always refer to your own state statutes. A witness to a willshould be: 1. an adult (i.e. The Virginia code provide for Wills that no person is incompetent to testify for or against a will solely by ⦠(See: Section 64.1-47) “Sound mind” generally means someone who has not been deemed incompetent in a prior legal proceeding. Writing: A Virginia will must be in writing to be valid. Once the report is generated you'll then have the option to download it as a pdf, print or email the report. 9/17/2021. Will: Allow remote witnessing and/or notary?yes,but remote witness is only considered "in person" if the presence and identity of the witness is validated by the notary at the time of the signing A will is a signed writing in which a person (often referred to as the “testator”) directs what is to be done with his or her property after death. Under this law, a will may be created by any adult person who is mentally competent to draft a will. ... witness, whether written or not, the statement need not be shown nor its contents disclosed to ⦠Under Virginia law, a deed is a written document that shows an intent to convey real property. This article is intended to be helpful and informative. Virginia Code § 64.2-403. IMPORTANT GUIDELINES FOR VIRGINIA NOTARIES . Revocable trusts (with pour-over wills) are commonly used as will substitutes in Virginia. Even if that person expressed different wishes verbally during their lifetime the statutes control the distribution. § 64.2-403. In Virginia, these cases are heard in the General District Court. Nuncupative and Holographic Wills If a person dies without a Will the beneficiaries can not dispute the court’s distribution of that person’s estate under the intestacy laws. be of sound mind. The testator must sign, or the will must be acknowledged by the testator, in the presence of Found inside – Page 769If one's own witness prove adverse , he may be examined according to rules ... of which the court will usually advise him , and which he alone can claim or ... West Virginia Wills Laws. Under West Virginia's laws, "sound mind" means that you have not been ruled legally incompetent in a prior legal proceeding. Two witnesses are required for the validity of the will and they must sign the document in the testator's presence. The testator must also sign the will. Witnesses typically sign the document as well. Writing: A ⦠Executor may be witness As useful as they are, living trusts are not appropriate for everyone. Found inside – Page 278The be the will of the testator , on any other oc- testator , at the time ... him to witness it , he would have done tion of the will ought to be required . (Va. Code Ann. Found inside – Page 698A Genealogy of the Glassell Family of Scotland and Virginia : Also of the ... this codicil may be deemed good and taken as part of last will & testament . Here are a few of the reasons: In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator. Minimum of Two Witnesses. Avvo has 97% of all lawyers in the US. As long as your Will or Trust state that you may leave such a List or Memorandum, and cite to the Virginia Code authorizing you to do so, then whatever List or Memorandum you leave with your Will or Trust is recognized as legally binding in Virginia. It must meet your state's legal requirements and should be notarized. The Virginia Law website data is available via a web service. Witnesses to a self-proven Will are not required to testify in court because the court automatically accepts a self-proven Will as authentic. You can direct how you want your property divided at your death. Wills, Trusts, and Fiduciaries. All statutes. Discovery is a pre-trial procedure for obtaining information and evidence from the other party or non-parties to a lawsuit. Witnesses to these documents are not Notaries â they are private individuals. Found inside – Page 238But if separate actions be brought against two for a joint trespass , one defendant may be a witness for the other . I Wash . 187 . 111. © 1995-2021 LawInfo, part of Thomson Reuters. But even common legal matters can become complex and stressful. Depending on the requirements for the document being signed: Witnesses may need to be at least 18 years of age. Found inside – Page 387though the attesting witnesses were incompetent on account of interest . Davis v . Davis , 43 W. Va . 300 , 27 S. E. 323 . If a will can be proved ... Only your lawyer can tell you if you should consider one, and only your lawyer should prepare it. Can My Agent be a Witness? Start by downloading a template, then write in the name of the agent and the specific powers that you are delegating. Department of Corrections, the Supreme Court of Virginia, the Virginia Association of Commonwealthâs Attorneys, judges, victim/witness program staff and crime victims. It could also be generally required that it is signed by two disinterested witnesses in the testator's presence (see Virginia Code Section 64.2-403). Beneficiaries: Virginia does not limit the class of beneficiaries who may be included in a will. Evidence of the character trait of a witness, as provided in Rules 2:607, 2:608, and 2:609. Found inside – Page 84The wills of this family are numerous and should be searched. ... was probably the John Coker who was a witness to the will of Henry Combs Oct. 11, 1677, ... Who canât be a witness? 7. List in reasonable detail all of your property, real and personal; life insurance policies; and retirement plans, with your best assessment of their values. Although this is not required under Virginia law, it is in other states, which means doing so provides added protection should the form need to be presented in another state. 64.1-51 states as follows: No person shall be incompetent as a witness for or against the will soley by reason of an interest in the will or the estate of the testator. Sexual Battery. Witnesses in Virginia Criminal Cases. Witnesses are put under oath, and the judge can admit all relevant evidence without ⦠Found inside – Page 823Absence of Witness . The judgment of the trial court refusing to grant a continuance on account of the absence of a material witness will not be reversed ... §§16-30-1 to 16-30-25. Interested persons typically must meet at least one of these guidelines. A will can be made self-proving through the work of a Virginia notary public, which eliminates the need for witnesses to validate the will during probate. The Clerk's Office does not accept filings after 4:45 pm, Virginia State Bar. If you did get your will witnessed by a beneficiary (or their husband, wife or civil partner) any gifts, money and property that you've left to them in your will would be void. With a valid Will, a person can legally determine how their property will be distributed… and to whom. Sign the POA before a notary. Wills and Decedents' Estates, Division of Legislative Automated Systems (DLAS). These witnesses must be at least eighteen years old and cannot be a ⦠The SmartAsset financial advisor matching tool will pair you with as many as three nearby financial advisors equipped to handle your estate planning needs. In the absence of a self-proving will, it will be necessary to track down the original witnesses to "prove" he or she witnessed the signing of the will, which can be difficult and time consuming for the heirs. The testator must sign, or the will must be acknowledged by the testator, in the presence of at least two competent witnesses who are present at the same time and who sign in the presence of the testator. West Virginia. See also: Cost-effective wills. Itâs not mandatory, but itâs also best to choose people who are: Reliable and responsible. d. Some basic ground rules in Virginia. Is there a minimum age requirement to create a revocable trust? A will can be contested under Virginia law on the grounds of undue influence. A witness subpoena is a formal notice from the court system. Only âInterested Personsâ May Contest a Will in Virginia. Two witnesses are required for the validity of the will and they must sign the document in the testator's presence. The law states that the two witnesses for a will need to be over the age of 18, of sound mind and able to visually confirm that youâve signed the will. Found inside – Page 898The Commonwealth . successor might see fit to institute a prosecution ... before it whether the witness will criminate himself , and that the witness is not ... Declaration to physicians (living will) requires two witnesses, but is not valid if pregnant. Prepared by the Trusts and Estates Section of the Virginia State Bar, For assistance in finding a lawyer, contact the, TDD/Voice Line (Hearing Impaired): (804) 775-0502, Office Hours: Mon.-Fri. 8:15 am to 4:45 pm In Virginia, the laws regarding the valid execution and witnessing of a Will are set forth in the Code of Virginia, Title 64.1 Wills and Decedents’ Estates, Chapter 3 Wills, Sections 64.1-47 through 64.1-87.1. A will wholly in the testator's handwriting is valid without further requirements, provided that the fact that a will is wholly in the testator's handwriting and signed by the testator is proved by at least two disinterested witnesses. (An exception to the witness requirement is made if the testator writes out the entire will in his or her own handwriting and signs and dates it.) Such court witness can be led, cross-examined, and impeached by both parties[vii]. Not everyone can contest a will in Virginia, as only those who qualify can have grounds to contest. This project is supported by Grant #14-L3957VW13 awarded to the Virginia Department of Criminal Justice Services. Execution of wills; requirements. However, later proof of any fraud, duress, or undue influence by another person on the testator may cause the will to be invalid. Choose witnesses who know you well in case they need to testify that you werenât under any undue influence at the time of signing. An original will brought to the Register of Wills' office for safekeeping should be sealed in an envelope, with your name, address and the last four digits of ⦠Wisconsin. Only a practicing lawyer is professionally qualified to give you advice regarding your will, to prepare your will, and to supervise its signing. [19] For example, you can name a business as the beneficiary of your trust or some other type of non-charitable organization. This party may not be one of the witnesses. In Virginia, any person eighteen (18) years of age or an emancipated minor and of sound mind may make a Will. Witnesses are generally at least 18 years of age and cannot be the agent, the notary, any relative by blood, adoption, or marriage, or a third party who intends to interact with the agent (e.g., medical doctor, banking professional, etc.) Who can witness my (Virginia) will?? It is common for the trustee to sign the trust agreement to formally accept the trusteeship. Found inside – Page 1034of a witness called and examined on behalf of the Commonwealth on the trial of a ... A hypothetical question propounded to an expert witness will not be ... Found inside – Page 1264I am gratified that during our hearing this morning we will hear from officials representing West Virginia , who can tell of the story from the standpoint ... Also, if you are married, your spouse may have rights in your estate even if you sign your will after your marriage, regardless of what is provided in your will. Found inside – Page 28The issue here is very simple , if the witnesses will bear that in mind , and if you will call witnesses who know something about it , something as to the ... Creditors may be witnesses. Yes, but to avoid the chance of conflict, it is better to have someone who is not your agent (or your alternate agent) be a witness. Virginia law places no restrictions on which adults can be witnesses to your signing your advance directive. In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator. Found inside – Page 16How Should the Federal Government Pay Its Employees? ... Mrs. DAVIS OF VIRGINIA . ... The witnesses will now be recognized for opening statements . The NNA always recommends that in cases in which a document must be witnessed and notarized, the Notary serve as either a witness or Notary, but not both. Found insideA lawyer who learns that she will be a witness in any adversary proceeding she is conducting must withdraw from the case and suffer the additional hardship ... The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. Evidence of other crimes, wrongs, or acts is generally not admissible to prove the character trait of a person in order to show that the person acted in conformity therewith. (excluding holidays) No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testator's presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature. A witness to a will should be: entirely independent of the person making the will. The witnesses do not have to be independent of each other. So, for example, you can ask a husband and wife each to be witnesses. Execution of wills; requirements. © Copyright Commonwealth of Virginia, document.write(new Date().getFullYear()). Found inside – Page 155Witness. requirements. In order to ensure that a living will is the voluntary act of ... on when a living will can be made and who can serve as witnesses. You should decide for yourself the general purposes you wish to accomplish, then consult with your lawyer and any other advisors (accountant, financial planner, life insurance agent) to plan properly how to accomplish your goals. Virginia is one of 11 states that require absentee voters to have witnesses TAZEWELL, Va. â Virginia voters in the 38th Senatorial District who use absentee ballots do not need a witness signature on the ballot for the March 23 special election Voters can start sending in their absentee ballots without a witness signature on September 18th. They canât be a beneficiary, married to one, or related to you. There is no specific form that a deed must take, but Va. Code Ann. Deeds 101: The Basics of Deeds Under Virginia Law. An agency of the Supreme Court of Virginia, FAQs for Lawyers Who Receive A Bar Complaint, How to File a Misconduct Complaint About a Lawyer, Professional Guidelines and Rules of Professional Conduct, Rule Changes, Statutory Changes, Actions on Legal Ethics Opinions, and Comments on Proposed Changes, Download or print the information below formatted as a brochure, Virginia Lawyer and Virginia Lawyer Register, Planning Ahead: Protecting Your Client's Interests in the Event of Your Disability or Death. Determine what your objectives are and to whom you wish your assets distributed. Order printed copies (pdf), “What will happen if I don’t have a will?". West Virginia Code, §41-2-2. This information is designed to present simple and straightforward answers to commonly asked questions, and is not intended as a guide to preparing wills, or as a substitute for a consultation with a lawyer. Re: Who can and cannot be a witness for estate documents. Take the first step now and contact a local wills attorney to discuss your specific legal situation. (An exception to the witness requirement is made if the testator writes out the entire will in his or her own handwriting and signs and dates it.). As a marriage officiant in Virginia, it is your legal responsibility to fill out the marriage license in the presence of the couple and any required witnesses. at least 18 years of age); and. Who can witness or attest the signing of a will for it to be valid in law? In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator. However, West Virginia allows you to make your will " self-proving " and you'll need to go to a notary if you want to do that. A self-proving affidavit is used to acknowledge that a Will or Codicil was created under the testatorâs own free will. Look for how-to guides in libraries, bookstores and online. The witness should also be an adult, which is usually the age of 18. Who can serve as a witness to a will? A depositionâa witness's sworn, out-of-court testimonyâis a common component in civil lawsuits everywhere. As a victim or a witness of crime, you have certain rights under Virginiaâs Crime Victim and Witness Rights Act (§19.2-11.01). A beneficiary can't witness a will â and the same goes for the spouse or civil partner of any beneficiaries. However, if you get married or have a child after signing a will, the law may provide for certain distributions to your spouse or the child from your estate regardless of the provisions of your will, and if you get divorced after signing a will, the law may consider the will partially revoked with respect to your ex-spouse. Found inside – Page 903We will continue the hearings on H.R. 10010 . Yesterday morning , the committee moved along rapidly and heard some 15 witnesses . I hope that we can do as ... Found inside – Page 78From their representation we could not help but believe that they were in the ... of the case before our board , and we believe that justice will be done . Wills and Decedents' Estates » Chapter 4. Office of the Secretary of the CommonwealthP.O. Will must be in writing, etc. You may provide for a trust for the support and education of your children without the necessity of costly court proceedings and choose the person you want to handle the trust. 437, 399 S.E.2d 635 (1990)). Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. 5. In Virginia, you often need a corroborating witness in your divorce case. Additionally, your lawyer should advise you on titling property and making the appropriate beneficiary designations. Found inside – Page 419On my left is Mr. Wicker , John J. Wicker , of Richmond , who is special counsel for the insurance commissioner of Virginia . And the witness , who will be ... Traditionally, wills were changed by an amending instrument called a “codicil," but with the development of modern word processing technology, it is often better and just as easy to sign an entirely new will when you wish to make a change. 9/15/2021. List all debts and obligations, including principal amounts, payees, and essential terms. In Virginia, if you are married, your estate generally passes entirely to your surviving spouse; however, if you have surviving children or their descendants who are not also the children or their descendants of your surviving spouse, your children and the descendants of any deceased child divide two-thirds of your estate, and your spouse takes the other one-third. No, in West Virginia, you do not need to notarize your will to make it legal. Sign In, § 64.2-403. In these states, the court will accept "self-proving wills" without contacting the witnesses who witnessed the testator sign the will. A will made under pressure or coercion is not valid in Virginia. If the testator cannot physically sign his name he may direct another party to do so. Witnesses who receive court subpoenas may need to: Appear in court at a certain date and time. Virginia quitclaim deeds can only transfer property, assuming that the grantor actually has an ownership interest to relinquish to the grantee. And the witnessing of a signature in this context is not considered a notarization. A funded revocable (“living”) trust can be a valuable and important part of the estate plan for many people, but it does not eliminate the need for a will. Emergency Absentee Voting Due to Hospitalization, Illness, or other Emergency ELIGIBILITY No, in Virginia, you do not need to notarize your will to make it legal. Found inside – Page 22least two witnesses who are present “ at the same time , " or the will must be acknowledged to be his will , that is , if signed out of the presence of ... List your family members and any other persons or organizations whom you wish to benefit from your estate. So, for example, you can ask a In civil cases, names and addresses of witnesses are obtained ⦠Any competent person eighteen years of age or older can make a living will by signing it in front of two or more witnesses who in turn also sign the document, attesting that the document was signed in their presence. Found inside – Page 563Two witnesses only are required in New York , Ohio , Delaware , Virginia ... the authenticity of it can be proved by two witnesses ; and if the will be ... A trial court can also call a witness as a court witness if his/her expected testimony conflicts with prior statements. Florida notaries should familiarize themselves with Chapter 117, Florida Statutes. Some of the most common requirements are that a last will and testament has to be signed by the testator and witnessed by two independent witnesses and the testator must have the required testamentary capacity to complete the last will and testament. Under most circumstances, a testatorâs (the person who is making the Will) spouse and children are persons who receive gifts under the provisions of the testatorâs Will. In Virginia, any person eighteen (18) years of age or an emancipated minor and ⦠(See: Section 64.1-49), Generally, it is recommended that the witnesses to the Will be “disinterested”, which means that they are not a beneficiary of the Will. Chapter 4. If thereâs a mortgage against the property, that encumbrance will remain in full force, unaffected by the deed. Found inside – Page 65... will the prosecutor be required to elect on which count he will proceed . State v . Shores , 31 W. Va . 491 , 7 S. E. 413 . Confronted with witnesses . A qualified wills lawyer can address your particular legal needs, explain the law, and represent you in court. [20] 4. Each witness must sign the Will in the testator’s presence. Two witnesses are required for the validity of the will and they must sign the document in the testator's presence. The witnesses do not have to be independent of each other. Under most circumstances, a testatorâs (the person who is making the Will) spouse and children are persons who receive gifts under the provisions of the testatorâs Will. Joint ownership between parent and child or other individuals who are not married to each other, or even between spouses when one spouse is not a US citizen, may cause unexpected and unnecessary gift taxes and, in the case of a parent and child, may also foster disputes among family members. The Virginia Uniform Trust Code governs revocable trusts in Virginia (Va. Code Ann. Whether you're an active duty military service member or you're married to one (or either you or your husband are retired from active duty military service), you're probably wondering what your first steps should be as you consider a ... In Virginia, a power of attorney is a durable power unless you include specific language that limits the time and scope of the agentâs authority. If a will charging any estate with debts be attested by a creditor, or the wife or husband of a creditor, whose debt is so charged, such creditor shall, notwithstanding, be admitted a witness for or against the will. Once you complete your living will, you can place it on file with the Virginia Advance Directive Registry. § 20-124.2.) A witness must also be present at the ore tenus hearing who can corroborate the facts of the case. Found inside – Page 660Jarrett , 11 if alive , he could testify of his personal knowl - W . Va . ... It has also been said of witnesses not experts are entitled to little that ... If the will includes a notarized “Self-Proving Affidavit,” the will is presumed to be properly executed and is accepted by the court without testimony from the witnesses. Not everyone can contest a will in Virginia, as only those who qualify can have grounds to contest. Determine current title on each asset and the current beneficiary designation so that your advisor may review and advise changes consistent with the plan. Some documents call for a witness, and a notary can serve this purpose, too. You can print a copy of the emergency absentee ballot application using the link here: 1. A will can be contested in Virginia on the grounds that it was not executed with the proper formalities. Found inside – Page 60would be more wise, humane and judicious, as well as in accordance with the ... to witness the flow of human blood, will be partially appeased today. Found inside – Page 371The court , of course , could offer him no such indemnity . ... the case before it whether the witness will criminate himself ; and that the witness is not ... Code of Virginia, § 64.1-48. To finalize your will in Virginia: you must sign or acknowledge your will in front of two witnesses, and; your witnesses must sign your will in front of you. Enter your location below to get connected with a qualified Wills attorney today. Executing a will in front of witnesses fulfils a protective function. Found inside – Page 361Embracing, More Especially, the Law of Real Property in Virginia John Tayloe Lomax ... Who may be witnesses to a will , iii . 43 . 259 . How about my doctor or my case manager? Ask The Couple To Present The Marriage License Can My Children Or Spouse Serve As Witnesses To My Will Signing? And what must they do? The witnesses do not have to be independent of each other. In Virginia, the laws regarding the valid execution and witnessing of a Will are set forth in the Code of Virginia, Title 64.1 Wills and Decedentsâ Estates, Chapter 3 Wills, Sections 64.1-47 through 64.1-87.1. Virginia law does not require that a trustee sign a trust agreement for the agreement to be valid. The affidavit should be part of the Will or attached to it. Found inside – Page 676It is true that while a will must be attested by two competent witnesses , its due execution can be proved by the testimony of one witness ; but that ... Under West Virginia's laws, "sound mind" means that you have not been ruled legally incompetent in a prior legal proceeding. The general requirements for a valid Will are usually as follows: (a) the document must be written (meaning typed or printed), (b) signed by the person making the Will (usually called the “testator” or “testatrix”, and (c) signed by two witnesses who were present to witness the execution of the document by the maker and who also witnessed each other sign the document. Va. Code Sec. The testator must also sign the will. Why this extra level of formality and caution, when itâs not required for other important documents such as contracts or promissory notes? Validating a Will in Virginia. No. You can use a corroborating witness for all sorts of things, but usually its related to providing that your grounds â whether fault or no fault â are proven to the satisfaction of the judge. It can be such an overwhelming venture, that professional help could be a major help to ease some stress during a tough time when navigating Virginia inheritance laws. Interested persons as competent witnesses. The requirements for a valid will can be found in Virginiaâs statute of wills, Chapter 4 of Title 64.2 of the Code of Virginia. However, if do choose not to name an ascertainable beneficiary, then this type of trustâs life is limited to only 21 years. Found inside – Page 4that would be made in the bill would , I assume , require a referral back ... Virginia Forests Inc. If you will take the witness stand , you may proceed . WHO CAN CREATE A REVOCABLE TRUST 2. But the thought of the time it would take and the amount of work involved has just seemed like too much. Not anymore. The Easy Will and Living Will Kit provides all the documents you need in one place. Testator signing the will or attached to it Virginia lawyers 237 ( 2007 (... Or related to you 101: the Basics of Deeds under Virginia law places no on... 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Morning, the committee moved along rapidly and heard some 15 witnesses `` sound ''... Require witnesses to My will signing Holographic wills in Virginia, your lawyer should prepare it order it. Be produced, and only your lawyer can tell you if you will need to notarize your is. Or non-parties to a will in Virginia, you can name the person making the will in,... Adult ( i.e prosecutor be required to elect on which adults can be witnesses revoke it ⦠criminal... Could testify of his personal knowl - W is n't meant as a case. Meet the legal requirements and should be notarized, it must meet the legal requirements and be! Deed must take, but Va. Code Ann v. Commonwealth, 11 Va. App âInterested Personsâ may a! Help assure a sound result: Inventory your assets and responsible discuss your specific legal.. Address your particular legal needs, explain the law does not require a referral back... Forests! Estate ( called the “ executor ” or “ personal representative ” ) also best choose. Fulfils a protective function lifetime the statutes control the distribution a referral back... Virginia Inc! Subpoena is a pre-trial procedure for obtaining information and evidence from the automatically!, Subtitle II person eighteen ( 18 ) years of age or an emancipated minor and of sound mind means. Can accept the trusteeship or attached to it current beneficiary designation so that your advisor may and... That shows an intent to convey real property other advisors to work out the details and the. Of at least 18 years of age ) ; and 2. entirely independent of each other substitute! Time and help assure a sound result: Inventory your assets 15 witnesses person witness will. Hotline answers are based on the subject of wills for safekeeping for a will in Virginia, your should! ÂInterested person.â General curiosity does not require a will because typically not all assets are jointly. The will be under the age of 18 writing: a ⦠a witness estate. First step now and contact who can witness a will in virginia local wills attorney to discuss your specific legal.! Make sure your will to make it legal life insurance policies with you should only choose someone as witness. Places no restrictions on which adults can be led, cross-examined, and »... Virginia lawyers 237 ( 2007 ) ( citing Maynard v. Commonwealth, 11 if alive, he testify!