Irving v. Divito

OPINION BY JUSTICE WILLIAM C. MIMS

**468 In this appeal, we consider whether the circuit court erred by concluding that a holographic writing did not comply with Code §§ 64.2-403 or -404.

I. Background and Procedural History

Declan Irving was married for four years. In the course of obtaining a divorce he executed a property settlement agreement, which states that "no children were born of the marriage" and "the infant child known as *743 Patrick D. Irving is not the child of [Declan]." In 2012, he was diagnosed with colon cancer. He died on March 30, 2014.

After Declan's death, his brother, Donal…