A valid will clarifies who inherits your property, names a personal representative to manage your estate, and can designate guardians for minor children. For residents of Beaverdam, a will reduces court disputes, speeds the settlement process, and provides clear instructions to family members during a difficult time, preserving both assets and relationships.
A full estate plan allows you to control how and when beneficiaries receive assets, protect inheritances through trusts, and impose safeguards for younger or financially inexperienced heirs. This control helps families avoid unintended transfers and ensures that assets support long-term needs and family objectives.
Hatcher Legal, PLLC emphasizes careful planning, clear drafting, and responsive client service to produce wills that meet state requirements and personal objectives. We focus on listening to your priorities, explaining options, and drafting documents that address both immediate and future family needs under Virginia law.
We encourage clients to review wills after major life events, such as marriage, divorce, births, or significant asset changes. Periodic updates ensure beneficiary designations and will provisions remain current and aligned with your intentions and evolving family circumstances.
Virginia requires that a will be in writing, signed by the testator, and witnessed according to state statutes. Proper witness procedures and, in some cases, notarization help establish the document’s validity and reduce the risk of challenges in probate court. If a will lacks required formalities, the court may decline to admit it to probate or require additional evidence. Consulting with counsel when drafting and executing a will helps ensure compliance with Virginia requirements and preserves your intended distributions.
Yes, you can change your will at any time while you have testamentary capacity by executing a new will or creating a codicil that modifies specific provisions. The later document must meet the same execution formalities to be valid and to supersede earlier versions. It is important to revoke or replace older wills explicitly to avoid conflicting instructions. Properly updating beneficiary designations and related documents ensures your most recent intentions are followed during probate.
A will itself does not avoid probate; it directs how assets subject to probate should be distributed through the court-supervised process. Assets titled jointly or with designated beneficiaries may pass outside probate, while assets solely in your name typically require probate administration. If avoiding probate is a priority, integrating trusts or beneficiary designations into your plan can reduce the amount of estate property that goes through probate and speed distributions to heirs under Virginia law.
Choose a personal representative who is trustworthy, organized, and able to handle administrative responsibilities such as filing court paperwork, communicating with creditors and beneficiaries, and overseeing asset distribution. Many people select a close family member, trusted friend, or a professional fiduciary depending on the estate’s complexity. Selecting alternates is wise in case the primary designee is unable or unwilling to serve. Discussing the role with the chosen person beforehand helps ensure they understand responsibilities and can act effectively when needed.
Dying without a will means Virginia’s intestacy laws determine how your assets are distributed, which may not reflect your personal wishes. Typically, assets pass to close relatives in a prescribed order, which can create unintended outcomes in blended families or where specific bequests were desired. Without a will, the court also appoints an administrator to manage the estate and decide certain matters that you could have directed personally, such as guardianship of minor children, making a will the best way to retain control over these decisions.
You may disinherit a person by explicitly excluding them in your will, but it is important to use clear language and consider any rights a spouse may have under Virginia law, including elective share provisions. Ambiguous or contradictory language can lead to disputes during probate. If there are family members with potential claims against the estate, thoughtful planning and clear explanations in estate documents can reduce the likelihood of challenges and help carry out your intentions more smoothly.
Including funeral or burial instructions in a will is possible, but because wills may not be reviewed immediately after death, placing instructions in a more accessible location or providing them separately to your personal representative is recommended. This ensures your preferences are followed promptly. Discussing your wishes with family members and the person named to handle final arrangements helps prevent misunderstandings and makes it more likely that your funeral or burial preferences will be honored according to your directions.
Review your will after major life events such as marriage, divorce, births, deaths, changes in assets, or moves across state lines. Legal and family circumstances change over time, and periodic reviews help ensure that your will and estate plan remain aligned with current goals. As a general guideline, consider reviewing your estate plan every few years or when significant changes occur. Proactive reviews reduce the risk that outdated documents will produce unintended results during probate.
Yes, you can name guardians for minor children in your will to express your preference for who should care for them if both parents are unable to serve. Naming alternates and explaining any special considerations helps the court apply your wishes when making a guardianship decision. While courts give weight to a parent’s stated preferences, final guardianship appointments are subject to court review and the child’s best interests. Clear documentation and discussion with potential guardians support a smoother transition if guardianship is needed.
Trusts and wills serve complementary roles: a will controls probate-administered assets and can create testamentary trusts, while living trusts can hold assets outside probate during life and after death. Coordinating both instruments ensures assets pass according to your broader plan and can reduce probate administration for certain property. Working through how assets are titled, beneficiary designations, and trust funding is essential to prevent gaps or conflicts between documents. A coordinated plan clarifies which assets follow the will and which are managed through trust arrangements.
