A will provides legal clarity about asset distribution and personal wishes, reducing the burden on surviving family members. It also allows you to name an executor and appoint guardians for minor children, helping ensure dependents are cared for according to your preferences. Proper planning can reduce delays and legal costs during probate.
Using trusts and beneficiary designations in concert with a will can reduce the assets that must pass through probate, shortening the timeline and lowering administrative costs. Reducing probate exposure often leads to faster distributions to beneficiaries and less public exposure of estate details.
Hatcher Legal brings focused experience in business and estate law, helping individuals and business owners craft wills that integrate with succession and asset protection plans. Our attorneys prioritize straightforward explanations, careful drafting, and documents built to reduce ambiguity and align with each client’s personal and financial objectives.
We advise clients on practical storage options and how to communicate the existence and location of the will to fiduciaries. Regular review sessions allow updates for marriages, births, deaths, or changes in asset composition so the document remains current and effective.
Virginia requires that a will be in writing, signed by the testator, and witnessed by two competent witnesses who observed the signing and signature. The court may also consider evidence of the testator’s intent, so clear and properly executed documents ease probate. Proper execution reduces procedural challenges during estate administration. In some cases, Virginians use self-proving affidavits to simplify probate by providing sworn statements from witnesses that the will was validly executed. Taking these extra steps at signing can streamline court procedures and help administrators demonstrate the will’s validity when filing with the probate court.
Yes, a will can be updated through a codicil or by drafting a new will that expressly revokes prior wills. Because informal changes can create uncertainty, a new will or formal codicil signed and witnessed under Virginia law ensures the latest wishes are enforceable. Clear revocation language prevents conflicts between documents. Life events such as marriage, divorce, birth of children, or significant changes in assets are typical triggers for updates. Regular review of beneficiary designations and related documents in coordination with a will update helps maintain consistency across your estate plan and reduce unintended outcomes.
Accounts with designated beneficiaries, such as retirement accounts and life insurance policies, typically pass directly to the named beneficiaries outside of probate and are not controlled by the will. It is important to coordinate beneficiary designations with your will so that asset transfer aligns with your overall estate plan and intentions. If a beneficiary designation is outdated or conflicts with testamentary wishes, the contract or account designation generally governs. Periodically reviewing and, if needed, updating beneficiary designations ensures that these accounts transfer according to current wishes and reduces surprises for heirs and administrators.
Even with a small estate, a will provides important guidance on distributions, names an executor, and allows you to appoint guardians for minor children. A will can also reduce stress for survivors by providing a clear plan for personal and sentimental items that might otherwise cause family disputes. Some small estates qualify for simplified probate procedures, but having a valid will still clarifies intentions and may expedite whatever administration is required. Drafting a will remains a cost-effective way to ensure your wishes are followed and to ease the burden on loved ones.
Guardians for minor children are appointed in a will by naming primary and alternate guardians to care for the child and manage any property left for the child’s benefit. The court will consider the parents’ nomination but ultimately decides based on the child’s best interests, so clear, reasoned nominations are helpful. Discussing your choices with potential guardians before naming them is important, as is naming alternates in case your first choice cannot serve. Including instructions about inheritance management or trust provisions for the child’s assets can further protect their welfare and education needs.
An executor administers the estate by filing the will with probate court, marshaling assets, paying debts and taxes, and distributing the remaining property to beneficiaries in accordance with the will. Executors should be organized, trustworthy, and able to communicate effectively with courts, beneficiaries, and professional advisors. Choosing a local or accessible executor who understands the family situation and the duties involved is recommended. Naming successor executors provides continuity if a first choice declines or cannot serve, and discussing responsibilities in advance helps them prepare to carry out the role if needed.
Wills can be contested on grounds such as lack of testamentary capacity, undue influence, or improper execution. Drafting clear documents, maintaining records of the planning process, and ensuring proper signing and witness procedures reduce avenues for successful challenges and help protect your intentions. Including objective provisions, using consistent language, and updating beneficiary designations and related documents can lower the risk of disputes. In some situations, creating trusts or using other planning tools can further insulate distributions from contest and provide structured mechanisms for resolution.
Business ownership should be addressed as part of a coordinated estate plan. A will can address ownership interests but may be limited in handling ongoing management or transfer mechanics for closely held businesses, so coordinating entity documents, buy-sell agreements, and succession strategies with testamentary provisions ensures smoother transitions. Identifying successors, establishing buyout terms, and coordinating with corporate or partnership agreements are important steps. Clear planning reduces uncertainty, supports continuity of operations, and helps preserve value for family members, employees, and other stakeholders after an owner’s death.
If you die without a will, Virginia’s intestacy laws determine how your assets are distributed according to a statutory order that prioritizes spouses, children, and other relatives. Intestacy can lead to unintended distributions and may not reflect personal wishes, especially in blended families or where there are nontraditional relationships. Dying intestate also means the court appoints an administrator to handle estate matters, which can lead to longer timelines and added expense. Creating a valid will provides control over asset distribution, fiduciary selection, and guardianship choices, avoiding default outcomes under state law.
Review your will every few years or after significant life events such as marriage, divorce, births, deaths, major acquisitions or sales, and changes in business ownership. Regular reviews ensure the will reflects current wishes, asset composition, and family circumstances, and they provide an opportunity to incorporate changes in law. Prompt updates after major events avoid unintended consequences and help maintain consistency with beneficiary designations and other estate planning documents. Scheduling periodic check-ins with legal counsel offers a practical way to keep your estate plan current and effective over time.
