64.1-56 - Wills of living persons lodged for safekeeping with clerks of certain courts.
§ 64.1-56. Wills of living persons lodged for safekeeping with clerks ofcertain courts.
Any person or his attorney for him may, during his lifetime, lodge forsafekeeping with the clerk of a court having probate jurisdiction in thecounty or city of his residence any will executed by such person; and theclerk shall thereupon receive such will and give the person lodging it areceipt therefor. The clerk shall then place the will in an envelope and sealit securely, numbering the envelope and endorsing thereon the name of thetestator and the date on which it is so lodged, and shall index the samealphabetically in a permanent index kept for the purpose, showing therein thenumber and date such will is so deposited. The fee for such lodging, indexingand preserving shall be two dollars, which shall be paid to the clerk whenthe will is received.
Any attorney-at-law, bank or trust company may, upon holding a will lodgedwith him or it for safekeeping by a client for seven years or more, andhaving no knowledge of whether the said client is alive or dead after suchtime, lodge such will with the clerk as provided in the preceding paragraphfor which the clerk shall be paid two dollars for such lodging, indexing andpreserving.
The clerk shall carefully preserve the envelope containing the will unopeneduntil it is returned to the testator or his nominee in his lifetime upon hisrequest in writing therefor or until the death of the testator. Should suchwill be returned in the testator's lifetime as hereinbefore provided andlater returned to the clerk it shall be considered as a separate lodgingunder the provisions of this section.
Upon notice of the testator's death, the clerk shall open the will anddeliver the same to any person entitled to offer it for probate.
Provided, the provisions of this section shall be applicable only to theclerk's office of a court wherein theretofore has been entered, by the judgeor judges of such court, an order authorizing the use of its clerk's officefor such purpose.
(Code 1950, § 64-57.1; 1958, c. 392; 1964, c. 390; 1968, c. 656; 1970, c.567.)