A will gives you control over who receives property, names the person who will handle your estate, and can appoint guardians for minor children. Having a clear will reduces family conflict, clarifies intentions for personal property, and can speed the administration process in Virginia probate courts, helping heirs settle affairs with less delay.
Comprehensive planning provides precise directions about who receives assets and how decisions are made, which lowers the chance of disagreements and contested proceedings. Clear documentation and recorded wishes give heirs and fiduciaries confidence and a reliable roadmap for estate administration under Virginia law.
Hatcher Legal brings a combined practice in business and estate matters to provide practical, actionable guidance for wills and related planning. We focus on clear drafting, realistic administration strategies, and coordination with beneficiaries and other legal instruments to protect your wishes and reduce administration burdens.
If the estate enters probate, we assist executors with filings, creditor notices, inventorying assets, and distributing property according to the will. Our role is to provide clear procedural guidance and practical support throughout court-administered estate settlement when required.
To be valid in Virginia, a will must be signed by the testator and witnessed by at least two competent individuals who observe the signing. The testator must have testamentary capacity and sign voluntarily. Meeting these formalities helps ensure the probate court admits the will and respects the testator’s directions. Maintaining clear execution practices and keeping the original signed document in a safe, accessible place reduces the risk of disputes. Periodic reviews ensure the will remains aligned with current assets and relationships, and clarifying instructions can prevent interpretation issues during probate.
A living trust can avoid probate for assets properly transferred into the trust, but a will still serves important roles, such as nominating guardians for minors and addressing assets not placed in the trust. A pour-over will can direct any remaining property into the trust upon death, ensuring all assets are covered. Consulting to coordinate wills and trusts helps prevent gaps where assets might unintentionally pass through probate. Regularly reviewing account ownership and beneficiary designations alongside trust arrangements keeps your overall plan effective and aligned with your intentions.
You should review your will after major life changes such as marriage, divorce, the birth of children, death of beneficiaries, or significant asset transactions. Laws and personal circumstances change over time, so a periodic review every few years helps confirm documents still reflect current wishes. Updating a will when circumstances change avoids unintended distributions and reduces potential conflicts. Even small changes to assets or family structure can affect how your estate should be managed, so proactive reviews keep plans current and effective for heirs and fiduciaries.
Yes, you may appoint someone outside your family as executor, including a trusted friend, a professional fiduciary, or a corporate trustee. The most important factors are the person’s willingness to serve, organizational ability, and reliability to manage estate administration tasks and communications with heirs. When selecting a nonfamily executor, consider naming an alternate and ensuring the individual understands the responsibilities. Clear written instructions and organized records will support a smooth administration and reduce burdens on the appointed fiduciary.
Digital assets, such as online accounts, social media, and cryptocurrencies, should be addressed in estate planning documents and through secure instructions to trusted individuals. A will can provide general directions, but access often requires separate account authorizations or stored credentials to facilitate transfer or closure of digital property. Consider compiling an inventory of digital assets and access information, and include guidance on how you want those accounts handled. Coordinating this inventory with your will and powers of attorney helps executors manage digital affairs responsibly and in accordance with your wishes.
A will allows you to nominate a guardian to care for minor children if both parents are deceased or incapacitated. The court gives weight to the parent’s nomination but will ultimately appoint a guardian based on the child’s best interests. Naming a guardian provides clear guidance and reduces uncertainty for family members. It is wise to discuss the nomination with the proposed guardian in advance to confirm willingness to serve, and to name successor guardians in case the first choice cannot fulfill the role. Including instructions for financial support and trusteeship helps ensure stable care for minors.
A will does not avoid probate for assets that are solely in your name at death; probate is generally required to transfer such property under the will. Assets with designated beneficiaries, joint tenants with rights of survivorship, or assets held in certain trusts typically pass outside probate, reducing what the will must address. Coordinating ownership and beneficiary arrangements with your will can minimize estate assets subject to probate. A comprehensive review identifies opportunities to transfer assets outside probate where appropriate and aligns all documents with your distribution intentions.
During probate, the executor identifies estate assets, notifies creditors, pays valid debts and administrative expenses, and files required tax returns. Priority rules determine the order of creditor payments, and estate assets may be used to satisfy legitimate claims before distributions to beneficiaries are made under the will. Understanding likely creditor exposure and potential tax obligations during planning can reduce surprises for heirs. Proper asset titling and planning measures can preserve value and ensure beneficiaries receive distributions in a timely manner after debts and taxes are resolved.
Beneficiaries may contest a will on limited grounds such as lack of capacity, undue influence, fraud, or improper execution. Virginia courts review evidence and procedural compliance when considering challenges. Clear drafting, contemporaneous records of intent, and proper witnessing reduce the likelihood that a will will be successfully contested. If a dispute arises, litigation can be time-consuming and costly for heirs. Taking steps during planning to document reasons for decisions and using unambiguous language in the will helps protect against challenges and promotes resolution of disagreements without court intervention.
Business owners should consider succession plans and how ownership interests will transfer upon death. A will can direct the disposition of personal ownership interests, but using buy-sell agreements, entity-level planning, or trusts may better preserve business continuity and address valuation and management transitions. Coordinating business succession planning with your will and related corporate documents helps protect business value and employees. Addressing ownership transfer mechanisms, managerial succession, and tax implications in advance mitigates disruption and supports an orderly transition.
