A will provides a legal roadmap for distributing assets, appointing guardians for minor children, and naming an executor to manage your estate. Preparing a will can reduce family disputes, minimize probate complications, and help ensure transfers occur according to your intentions rather than default state rules.
By integrating trusts and detailed testamentary provisions, you can control timing, conditions, and methods for distributing assets to beneficiaries. This control protects vulnerable heirs, accommodates special needs planning, and ensures that proceeds support intended uses rather than immediate consumption.
Clients turn to Hatcher Legal for careful document drafting and clear communication about legal choices and implications. We prioritize plain-language explanations, attentive client service, and practical solutions to create wills that reflect each person’s priorities and meet statutory formalities.
Wills should be revisited after major life events. We assist with codicils or full replacements as circumstances require, ensuring amendments comply with formal requirements and reflect your current wishes without creating ambiguity for future administrators.
Dying without a will in Virginia means your estate will be distributed according to state intestacy laws rather than your personal wishes. Intestacy rules prioritize spouses, children, and other relatives in a fixed order, which may not reflect your preferences for particular assets or individuals. Without a will, there is no appointed executor chosen by you and guardians for minor children are not designated in writing. This can lead to court proceedings to appoint administrators and guardians, potentially increasing delays, costs, and family disputes during probate.
You should review your will whenever significant life events occur, such as marriage, divorce, birth or adoption of a child, death of a beneficiary, or substantial changes in assets. These changes can materially affect your distribution plan and the suitability of appointed fiduciaries. Aside from events, a periodic review every few years helps confirm that beneficiary designations and account ownership still align with the will. Legal and tax law changes may also prompt updates for clarity and compliance.
Yes, you can and should name a guardian for minor children in your will. Designating a guardian provides the court with your clear preference for who should care for your children if both parents are unable to do so, and it offers a legal basis for the transition of parental responsibilities. It is wise to name alternate guardians in case your primary choice cannot serve. Discussing your choice with the proposed guardian beforehand ensures they are willing and able to accept the responsibility when necessary.
A will directs distribution of probate assets but does not automatically avoid probate for property held in joint tenancy, in trust, or with beneficiary designations. Assets that pass outside probate are controlled by their own titling and contracts rather than by the will. If avoiding probate is a priority, combining a will with trusts, payable-on-death accounts, and proper titling can reduce probate administration. Each option has different implications, so careful coordination is recommended to achieve intended outcomes.
Choose an executor who is trustworthy, organized, and capable of managing financial and administrative tasks. Many people name a close family member, trusted friend, or financial professional depending on the estate’s complexity and the individual’s ability to carry out fiduciary duties. Also name an alternate executor in your will to ensure continuity if the primary designee is unable or unwilling to serve. Discussing responsibilities ahead of time helps prepare the executor for the role and reduces surprises during administration.
You can provide for a loved one with special needs through specific bequests and by coordinating with government benefit eligibility. Simple cash gifts may affect means-tested benefits, so careful planning—often with a tailored trust or beneficiary arrangements—helps preserve public benefits while providing supplemental support. Working through options such as supplemental needs trusts and coordinating with guardianship or trustee appointments can ensure funds are used for quality-of-life expenses without jeopardizing essential benefits. Planning should be tailored to the individual’s circumstances and funding sources.
Virginia requires wills to be signed by the testator in the presence of two competent witnesses who also sign the document. Witnesses should be disinterested parties who are not beneficiaries to minimize potential challenges to the will’s validity and maintain impartiality during probate. Following formal execution procedures, including clear identification and witness signatures, reduces the risk of a will being contested or invalidated. We guide clients through the signing process to ensure compliance with statutory requirements.
Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts take precedence over the will for those specific assets. Because these designations pass outside probate, they may override testamentary intentions if not updated to match your will and estate plan. Regularly reviewing beneficiary designations and aligning them with your will and trust documents prevents unintended outcomes. Coordination ensures that nonprobate transfers support your overall estate plan and distribution goals.
Yes, you can change your will after it is signed by creating a new will or executing a codicil that amends specific provisions while keeping the remainder intact. Any changes must meet the same execution and witnessing requirements as the original will to be valid in Virginia. Because informal modifications may create ambiguity, formal amendments through a properly executed codicil or replacement will are recommended. We assist clients in documenting changes clearly to avoid confusion during probate.
Store your original will in a secure but accessible location and inform your executor and trusted family members of its whereabouts. Options include a safe at home, a safe deposit box with appropriate access arrangements, or secure storage through your attorney, each with its own considerations for access after incapacity or death. Keeping copies and providing a short instruction letter to the executor reduces delays in locating the will. Notify fiduciaries where to find the document and update storage plans if circumstances change to ensure timely administration.
