A properly drafted will clarifies your intentions, names an administrator to carry out your wishes, and designates guardians for minor children. This reduces the likelihood of family disputes, streamlines probate procedures, and ensures your assets are distributed as you intend. Early planning also allows coordination with trusts and beneficiary designations.
A comprehensive plan enables you to set conditions or timing for distributions, protect inheritances for younger beneficiaries, and allocate resources for education or healthcare needs. Structured arrangements help ensure your wishes are carried out while providing flexibility to adjust for future changes in family or financial circumstances.
Hatcher Legal emphasizes clear communication, timely drafting, and documents designed to reflect your personal and family goals. We explain options in plain language, coordinate related documents, and focus on practical solutions that fit your circumstances and reduce uncertainty for those who will carry out your wishes.
Life changes may call for amendments or a new will. We recommend reviewing documents after major events such as births, deaths, marriages, or acquisitions. Timely updates prevent outdated provisions and ensure that your estate plan continues to reflect your goals and the current asset picture.
A will is a legal document that states how your property should be distributed after your death and can name an executor to manage the estate. It also allows you to nominate guardians for minor children and specify any special bequests or funeral preferences, providing clarity for loved ones. Having a will prevents intestate distribution under state law, which may not reflect your intentions. Even modest estates benefit from a will because it reduces ambiguity, provides a mechanism to name trusted fiduciaries, and can be coordinated with beneficiary designations and other planning tools to achieve your goals.
To create a valid will in Virginia you must be of sound mind and sign the document in the presence of at least two competent witnesses who also sign the will. The witness requirement formalizes the document and aids in later probate, so following execution rules carefully helps ensure enforceability. Working with counsel or following state-prescribed procedures helps avoid formal defects. After execution, store the original safely and inform the executor of its location. Periodic review is recommended to ensure the will remains consistent with life changes and legal requirements.
You can change or revoke your will at any time while you have the capacity to do so. Revocation can occur by creating a new will that expressly revokes prior wills or by physically destroying the document with intent to revoke. Codicils offer a way to amend specific provisions without replacing the entire will. It is important to execute any changes with the same formalities required for the original will to avoid challenges. After significant life events, creating a new will often provides clearer evidence of your current intentions than multiple amendments.
If you die without a will in Virginia your estate will be distributed according to the state’s intestacy rules, which prioritize spouses, children, parents, and other relatives in a prescribed order. This default scheme may not match your wishes and can complicate administration if your family structure or assets are unique. Intestacy can also leave decisions about guardianship and specific distributions to the court rather than your chosen fiduciaries. For these reasons, executing a will is a key step to ensure your intentions are followed and to reduce uncertainty for loved ones.
Select an executor who is responsible, organized, and able to manage administrative tasks, such as paying bills, inventorying assets, and communicating with beneficiaries. Naming alternates helps ensure continuity if your first choice cannot serve, and communicating the role in advance prepares the person for the duties involved. For guardianship of minor children, choose someone who shares your values and is willing to serve; discuss your preferences with them. Include contingent guardians where appropriate and consider how financial provisions will support the child’s care, whether through trusts or direct bequests.
A will governs assets that pass through probate, but some property transfers occur outside probate, such as assets held jointly, accounts with beneficiary designations, and assets held in certain trusts. To minimize probate, coordinate your will with beneficiary designations, payable-on-death accounts, and trust instruments that transfer upon death. An integrated plan considers each asset’s title and transfer mechanisms so distributions align with your wishes. If avoiding probate is a priority, certain trusts or ownership arrangements can be used to transfer assets directly to beneficiaries without court involvement.
You should review or update your will after major life events such as marriage, divorce, births, deaths, significant changes in assets, or relocation to another state. These events can alter beneficiary expectations, executor suitability, or tax considerations, making updates necessary to reflect current intentions and family circumstances. Even absent major events, a periodic review every few years can identify needed adjustments due to changes in laws, account ownership, or family dynamics. Regular maintenance helps prevent unintended outcomes and keeps your estate plan aligned with your goals.
A will can address certain business succession issues, such as directing the disposition of business interests, but complex transfers often benefit from additional documents like buy-sell agreements, operating agreements, or trusts. Combining a will with business succession planning helps ensure continuity and clarifies how ownership passes at death. Discussing business goals, partner arrangements, and tax implications with counsel helps craft a plan that minimizes disruption. Where appropriate, formal business agreements or trust structures can provide smoother transitions and protect the enterprise for family members or co-owners.
Costs for drafting a will vary based on complexity, whether additional documents are needed, and whether the will is part of a broader estate plan. Simple wills for straightforward estates are typically more affordable, while comprehensive planning that includes trusts, business succession, or tax planning will involve higher fees due to additional work and coordination. We provide transparent information about fees during the initial consultation and outline options to match budget and goals. Investing in clear, well-prepared documents can reduce estate administration costs and family conflict over the long term.
Ensure your will will be found and followed by keeping the original in a secure but accessible location and informing your executor or family where it is stored. Many clients provide a copy to their attorney or note the location in a safe place, and consider telling fiduciaries how to access important accounts and documents when needed. Make sure contact information for your attorney, financial institutions, and key beneficiaries is current. Clear documentation, including asset inventories and account lists, helps executors fulfill duties efficiently and reduce delays during probate or administration.
