The deceased's will identified his child and included him in the inheritance, but (a) the property settlement agreement in his divorce said the child was not his, and (b) on a tab divider in a binder of estate planning documents, which held a copy of the will but not the original, he wrote diagonally across the page, in cursive,
"11/17/03. I wish to remove Patrick named as my son entirely from this will no benefits. D.I." [The deceased's initials.]
The cardboard divider where he wrote this was next to a sheet of "Reminders" that said not to make changes on the face of his will without contacting his attorney.
There was abundant evidence that D.I. always used his full signature to approve any official document. Also, he left a note that told his executor where to find his will, but did not mention the binder, which included only a copy of the will.
Overall, the trial court concluded that D.I. did not intend his initialed note to be an actual, official "codicil" amending his will. His brother did not establish by clear and convincing evidence that D.I. intended the document or writing to constitute an addition to, or alteration of, the will, as required by Va. Code Sec. 64.1-404(A).
Irving v. DeVito, Va. S.Ct. 12/14/17