A will provides legal authority to distribute assets, appoint a personal representative, and name guardians for minor children. When aligned with Virginia succession rules, a will reduces the risk of intestacy, offers clarity to heirs and fiduciaries, and lowers the chance of costly disputes or delays that can drain estate value and destabilize family or business continuity.
Detailed instructions and coordinated documents minimize ambiguity about who receives what and when, reducing the potential for family disputes and litigation. Clarity about distributions, conditions, and trustee or executor powers saves time, lowers costs, and preserves relationships during what is often an emotional period for surviving loved ones.
Hatcher Legal blends business and estate planning knowledge to address both personal and commercial concerns in your will. Our approach emphasizes clear drafting, careful coordination with existing arrangements, and practical solutions designed to preserve family and business continuity while reflecting each client’s priorities and circumstances.
Life events such as marriage, divorce, birth, death, or significant changes in assets call for reviewing your will. We advise reviewing the document every few years or after major events and assist with amendments or new wills to reflect evolving wishes and applicable law.
A will is a legal document that states how you want probate assets distributed, names a personal representative to manage estate administration, and can appoint guardians for minor children. It provides direction to the probate court and those handling your affairs after death, making intentions clear and legally enforceable under state rules. Having a will prevents intestate succession rules from determining who inherits and reduces the risk of family disputes. It lets you name fiduciaries and create testamentary trusts if needed, offering more control than relying on default state law for distribution and guardianship decisions.
Choose an executor who is trustworthy, organized, and willing to handle administrative duties. Consider someone with basic financial skills and the time to manage paperwork, pay debts, and communicate with beneficiaries. Naming alternates helps ensure a capable person can serve if your first choice cannot. Discuss the role with the person you nominate so they understand the responsibilities. If the estate involves business interests or complex assets, consider a co-fiduciary or professional fiduciary in combination with a family member to balance personal knowledge and administrative capability.
Yes, Virginia allows holographic or handwritten wills in limited circumstances, but formal wills signed by the testator and witnessed are far more reliable. DIY forms can be useful for simple situations, but improperly drafted or executed wills increase the risk of challenges or unintended outcomes during probate. Working with counsel or a qualified advisor helps ensure your will aligns with state execution rules and coordinates with beneficiary designations, trusts, and business documents, reducing the likelihood of costly disputes and ensuring your wishes are clear and enforceable.
A will lets you nominate a guardian for minor children to oversee their care if both parents are unavailable. The nominated guardian should be someone you trust to raise and provide for your children and manage any assets left in a trust for their benefit. Naming backups is important in case your first choice cannot serve. The probate court considers your nomination but makes a final decision based on the child’s best interests. Clear testamentary provisions and instructions about how funds should be used can guide guardians and help the court honor your wishes.
If you die without a valid will in Virginia, state intestacy statutes determine who inherits based on family relationships. Close relatives such as a spouse, children, or parents typically inherit, but the distribution may not match your personal intentions or provide for nonfamily beneficiaries. Intestacy can also create administrative burdens, increase the likelihood of disputes, and leave questions about guardianship for minor children. Creating a will allows you to name beneficiaries, fiduciaries, and guardians, providing clarity and control over your estate’s disposition.
Review your will after major life events such as marriage, divorce, birth or adoption of a child, death of a beneficiary, significant changes in assets, or changes in business ownership. Routine review every few years helps ensure the document still reflects your priorities and current relationships. Updating is also important when tax laws or state statutes change in ways that affect estate administration. We can assist with amendments or drafting a new will to reflect evolving circumstances and legal developments.
A will does not by itself avoid probate for assets that are part of your probate estate. Probate is the process to validate the will and transfer title to estate assets. However, proper planning can minimize the assets that pass through probate by using beneficiary designations, joint ownership structures, and trusts. Where avoidance of probate for certain assets is desired, integrating a will with trusts and beneficiary designations provides a more comprehensive solution. Each asset type should be reviewed to determine the best method to achieve your goals for privacy, efficiency, and control.
Jointly owned property often passes automatically to the surviving co-owner outside of probate, which can override provisions in a will for that asset. Understanding how title is held and how beneficiary designations operate is essential so your overall estate plan produces the intended results. We review deeds, account ownership, and contractual arrangements to coordinate title and beneficiary designations with your will, avoiding unintended transfers and ensuring assets pass according to your broader plan.
Yes, business interests can be addressed in a will, but complex business succession typically requires coordinated agreements such as buy-sell arrangements, shareholder agreements, or trust mechanisms. A will can direct how shares or interests are handled, but effective continuity planning often combines multiple documents to preserve business value and operator continuity. If you own a business, integrating your will with entity documents and succession plans helps prevent disruption, clarify ownership transfer, and set expectations for family members, co-owners, or managers who will handle the business after your passing.
In Virginia a valid will generally requires the testator’s signature and the attestation of two competent witnesses. While notarization is not strictly required, a self-proving affidavit signed before a notary can streamline probate by allowing the will to be admitted without live witness testimony. Following formal execution steps and keeping a clear record of where the original will is stored helps reduce the risk of challenges during probate. We guide clients through proper signing and provide recommendations for secure storage to protect the document’s validity.
