A well-drafted will provides clear instructions for asset distribution, reduces the chance of disputes, and allows you to name guardians for minor children and personal representatives for your estate. In Virginia, a valid will also streamlines administration and can limit delays and costs associated with intestacy rules.
Combining wills with trusts and beneficiary strategies allows you to control when and how assets are distributed, protect inheritances from creditors, and tailor arrangements for beneficiaries who may need oversight, thereby preserving the intended benefit over time.
Clients choose Hatcher Legal for thoughtful planning, clear explanations, and attention to detail when creating wills and related documents. We prioritize minimizing family stress by preparing legally sound documents and helping clients understand how each element impacts the overall plan.
We assist with preparing accounting records, resolving creditor claims, and distributing assets to beneficiaries as ordered by the court or as provided by the will. Clear documentation and adherence to fiduciary duties help close the estate with transparency and legal compliance.
In Virginia, a valid will must be signed by the testator in the presence of at least two competent witnesses who also sign the document. The testator must have testamentary capacity and sign voluntarily without undue influence. Adhering to these formalities reduces the risk of a will being rejected by probate court. It is also important to ensure the will’s provisions are clear and consistent with beneficiary designations on accounts. Regular reviews and proper execution procedures help ensure the will functions as intended and can be admitted to probate when necessary.
You should review your will after major life events such as marriage, divorce, birth of a child, significant changes in assets, or changes in family relationships. These events may alter how you want assets distributed or who should serve as guardian or executor, making updates important to reflect current intentions. Even without major life changes, periodic reviews every few years are prudent to confirm the will still aligns with your goals and that named fiduciaries remain appropriate. Laws and tax implications can change, so reviews help maintain an effective estate plan.
A testator can generally disinherit heirs in a will, but there are protections and considerations depending on marital rights and statutory allowances. In Virginia, spouses have certain elective share rights that may override testamentary provisions, so disinheriting a spouse entirely can require additional planning to address legal claims. Disinheriting a child is legally possible for adults, but doing so can increase the risk of family disputes and potential challenges. Clear documentation of intent and legal counsel help ensure that disinheritance choices are implemented effectively and withstand scrutiny if contested.
If someone dies intestate in Virginia (without a valid will), state law determines how property is distributed among surviving relatives. Typically, spouses and children receive priority, but distribution can vary based on family structure and the existence of descendants, parents, or siblings, which may produce outcomes different from the deceased’s wishes. Intestacy can also lead to longer, more complex probate proceedings and potential family disputes. Drafting a will avoids default intestate rules and allows individuals to name trusted fiduciaries, guardians, and specific beneficiaries to carry out their intentions.
Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts generally control who receives those assets and operate outside the probate estate. If beneficiary designations conflict with a will, the designation typically prevails, so coordination between accounts and your will is essential to ensure assets pass as intended. Reviewing and updating beneficiary designations alongside your will prevents unintended results, such as ex-spouses receiving benefits or assets bypassing intended heirs. We assist clients in aligning account beneficiaries with testamentary goals for cohesive planning.
While it is possible to create a valid will without a lawyer, working with counsel reduces the likelihood of mistakes that could invalidate the document or create unintended consequences. Legal guidance helps ensure compliance with execution formalities, effective beneficiary coordination, and drafting that minimizes ambiguity or future disputes. For estates with real property, business interests, or blended families, legal assistance is particularly valuable to address complex distribution issues and coordinate wills with trusts and other planning tools to protect assets and carry out your intentions smoothly.
Guardians for minor children are appointed in a will by naming a preferred guardian and an alternate guardian. The court gives weight to the parents’ expressed preferences, but it will ultimately act in the children’s best interests, so naming a guardian in a will is an important step to help ensure your choice is considered. When selecting a guardian, consider the individual’s values, parenting style, location, and ability to manage financial responsibilities. Naming a separate person to manage funds for minors through a trust or custodial arrangement can help ensure their financial needs are properly met.
An executor’s duties include filing the will with probate court, gathering and safeguarding assets, notifying creditors and beneficiaries, paying valid debts and taxes, and distributing remaining property according to the will. The executor must act in the estate’s best interest and follow fiduciary duties, maintaining accurate records throughout administration. Because the role can be time-consuming, it is important to select someone organized and trustworthy. Executors may seek guidance from counsel to fulfill legal obligations and to ensure deadlines and reporting requirements are met throughout the probate process.
A will can be contested on grounds such as lack of testamentary capacity, undue influence, improper execution, or fraud. Virginia courts review evidence presented by interested parties, and successful challenges can result in parts of a will being invalidated or the entire will rendered ineffective if formalities were not satisfied. Careful drafting, thorough execution procedures, and documentation of capacity and intent can reduce the risk of successful contests. Working with counsel when creating or updating a will helps establish a clear record of the testator’s wishes and the circumstances of signing.
Store your original will in a safe, accessible location such as a safe deposit box, a secure home safe, or with your attorney, and let your executor or trusted family members know where it is kept. Ensuring the court can locate the original will when needed prevents administrative delays during probate. Avoid storing the only original in places where retrieval may be difficult after death, and provide copies to fiduciaries as appropriate. Periodically confirm storage arrangements remain secure and that successor fiduciaries know how to access the document when required.
