Virginia Code 64.2-314: Waiver.
A. The right of a decedent‘s surviving spouse to a homestead allowance in the estate of a decedent as provided in § 64.2-311 may be waived during the decedent’s lifetime only by execution of a marital or premarital agreement in accordance with Chapter 8 of Title 20 or by execution of a waiver provided (i) the waiver is in writing, (ii) the language of the waiver mentions homestead allowance in conspicuous language, and (iii) the waiver has been signed by the surviving spouse.
Terms Used In Virginia Code 64.2-314
- Decedent: A deceased person.
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
B. The right to the family allowance and exempt property, as provided in §§ 64.2-309 and 64.2-310, may be waived during the decedent’s lifetime only by execution of a marital or premarital agreement made in accordance with Chapter 8 of Title 20.
1990, c. 831, § 64.1-151.6; 2012, c. 614.