A will clarifies how property and personal belongings will be distributed, reduces the likelihood of disputes among heirs, and streamlines the probate process. It allows you to name someone to manage your estate, designate guardians for minors, and state funeral or burial preferences. Clear directions reduce stress for loved ones during a difficult time.
Planning that includes buy-sell agreements, succession instructions, and coordination with corporate documents helps avoid forced sales or ownership disputes. Clear provisions for business continuity preserve value and offer a roadmap for managers and family members to follow, reducing disruption and maintaining operations through transitions.
Hatcher Legal combines experience in business and estate law to craft wills that integrate with corporate structures, succession plans, and tax considerations. The firm focuses on practical solutions that reflect client priorities, delivering documents that are straightforward, legally sound, and aligned with family and business goals.
Original wills and important estate documents should be stored securely, whether in a safe deposit box or with counsel. We encourage reviews after significant life or financial changes and can assist in updating documents to ensure consistency across beneficiary designations, account ownership, and estate administration plans.
A will is a document that directs how assets are distributed, names a personal representative, and can nominate guardians for minors. It operates through probate, where the court oversees administration and distribution according to the will’s terms. Wills are public records once filed in probate, and they control assets that lack beneficiary designations or joint ownership arrangements. A trust, by contrast, can transfer assets outside probate and provide ongoing management for beneficiaries, including staged distributions or protections for vulnerable family members. Trusts can be useful for privacy, probate avoidance, and managing assets for incapacity, but they require additional setup and maintenance compared with a straightforward will.
Choose a personal representative who is trustworthy, organized, and willing to handle administrative tasks and communications with family and professionals. Consider someone with basic financial literacy and availability to serve, and discuss the role in advance so they understand the responsibilities and potential time commitment involved. It is also wise to name an alternate personal representative in case the primary appointee cannot serve. For complex estates, some clients select a corporate fiduciary or co-representatives to share duties and provide continuity in administration and financial oversight.
Yes, you can change or revoke a will at any time while you have capacity. Common methods include creating a new will that expressly revokes previous wills, executing a codicil to amend specific provisions, or physically destroying the earlier document with the intention of revocation. It is important that any changes follow Virginia’s execution requirements to be valid. Significant life events such as marriage, divorce, births, or major asset changes often prompt updates. Periodic reviews and properly executed amendments ensure the will reflects current wishes and avoids unintended conflicts during probate.
Virginia requires that a will be in writing and signed by the testator in the presence of two competent witnesses who also sign the document. This witnessing requirement establishes the will’s validity for probate. While notarization is not strictly required to make a will valid, a notarized self-proving affidavit can simplify probate by eliminating the need for witness testimony later. During execution we can arrange proper witnessing and advise whether a self-proving affidavit is appropriate. Following these formalities reduces the likelihood of challenges and supports an efficient probate process in Bland County courts.
If you die without a valid will in Virginia, your estate is distributed according to state intestacy laws. Those statutes prioritize spouses, children, and other relatives in a prescribed order, which may not reflect your personal wishes. Intestacy can also leave gaps in planning for blended families, stepchildren, or nontraditional relationships. Dying intestate can increase delays, create family disputes, and result in outcomes that differ from what you would have chosen. Creating a will lets you control distribution, name fiduciaries, and provide for guardianship, reducing uncertainty for survivors.
A will allows you to nominate a guardian to care for minor children and to appoint a personal representative to manage assets left to them. You can also specify how funds should be used for education, health, and welfare, and include provisions for trusts to hold assets until children reach maturity or ages you designate. Naming a guardian in your will gives the court clear guidance about your intentions, reducing uncertainty for surviving family members. Discussing guardianship choices with potential nominees and providing alternate options ensures continuity of care if your primary choice is unavailable.
Yes, a will can address business succession by specifying how your ownership interest should be handled, but comprehensive business planning often requires additional documents. Wills can direct the sale or transfer of ownership interests to heirs, but buy-sell agreements, shareholder arrangements, and trust provisions often provide more precise mechanisms to manage transitions and preserve business continuity. Coordinating your will with existing business agreements and corporate documents prevents conflicts and unintended ownership outcomes. Careful drafting ensures instructions align with binding contracts and regulatory requirements, protecting value for family members and co-owners.
Review your will after major life events such as marriage, divorce, births, deaths, significant asset acquisitions, or changes in business ownership. Even absent major events, a periodic review every few years helps confirm that beneficiary designations, fiduciary appointments, and asset lists remain current and consistent with your overall plan. Regular reviews reduce the risk of outdated provisions and unintended consequences. We can assist with scheduled reviews and update documents to reflect changes in family circumstances, tax rules, or financial goals to keep your plan effective and aligned with your wishes.
A will does not avoid probate for assets that pass by beneficiary designation, joint ownership with rights of survivorship, or certain trust arrangements. Probate is typically required for property titled in the decedent’s name alone. While a will controls probate distribution, other tools like trusts and payable-on-death designations can transfer assets without probate. If avoiding probate is a priority, consider integrating revocable trusts, beneficiary designations, and proper titling into your plan. We can evaluate which combination of documents best meets your goals for privacy, speed of transfer, and administrative simplicity.
The cost to prepare a will varies with complexity, local practices, and whether additional documents such as powers of attorney or trusts are included. Simple wills are typically more affordable, while plans involving trusts, business succession provisions, or complex tax planning require more time and an increased fee. We provide transparent fee estimates after assessing your needs. We discuss pricing options during an initial consultation and explain what services are included, such as drafting, revisions, execution guidance, and storage recommendations. Clear communication about fees helps clients choose the appropriate level of planning for their circumstances.
