A will provides legal direction for distributing assets, naming guardians for minor children, and appointing an executor to carry out your wishes. In Varina, having a will can reduce ambiguity for surviving family members, help avoid unnecessary conflict, and streamline the probate process so your estate is settled as smoothly and predictably as possible.
Clear, well-documented wishes reduce ambiguity and help prevent disputes among heirs. When beneficiaries understand the plan and the reasoning behind decisions, administration can proceed more smoothly, saving family time and emotional strain during an already difficult period.
Hatcher Legal focuses on straightforward, well-drafted wills and integrated estate plans that reflect client priorities. We emphasize clarity in document language, practical administration considerations, and coordination with retirement and beneficiary designations to reduce avoidable conflict during estate settlement.
We recommend regular check-ins after major life events and provide straightforward updates or amendments, such as codicils or new wills, to reflect changes in family structure, asset ownership, or personal wishes without creating ambiguity for later administration.
A will directs distribution of assets that pass through probate and names an executor and guardians, while a living trust holds title to assets during your lifetime and can avoid probate for trust assets. Trusts often provide privacy and can speed distribution, but they require transferring assets into the trust to be effective. Choosing between a will and a trust depends on asset complexity, privacy concerns, and probate avoidance goals. Many people use a combination: a living trust for major assets and a pour-over will to capture any property not transferred into the trust, ensuring comprehensive coverage of their estate plan.
Life insurance and retirement accounts with named beneficiaries pass outside of probate directly to the designated recipients, but a will can address property that does not have beneficiary designations and nominate an executor and guardians for minor children. Beneficiary designations and joint ownership should be coordinated with the overall estate plan. It is important to review beneficiaries and ensure that your will complements those designations so that assets you expect to pass by will are not inadvertently distributed in an unintended way. Regular updates help align beneficiary forms with your current intentions.
You should review your will after major life events such as marriage, divorce, birth or adoption of children, death of a beneficiary or fiduciary, significant changes in assets, or relocation across state lines. These events can affect beneficiary designations, guardianship choices, and how property should be distributed. Even without major changes, a periodic review every few years is sensible to confirm that appointed fiduciaries remain appropriate and that the will’s provisions reflect your current wishes. Legal changes can also prompt updates to preserve clarity and compliance.
Yes, you may name any competent adult as a guardian for your minor children, including a close friend or relative outside your immediate family, provided the court finds the appointment suitable. Naming a guardian in your will expresses your preference and greatly assists the court in honoring your choice. When selecting a guardian, consider the person’s values, willingness to serve, location, parenting approach, and financial readiness. Discussing your choice with the proposed guardian ahead of time helps ensure they are prepared to accept the responsibility if needed.
Dying without a will, or intestacy, means state law determines who inherits your property according to preset rules. Spouses, children, and other relatives may inherit in a set order that might not align with your personal wishes, and the court will appoint an administrator to handle estate matters. Intestacy also leaves open the question of guardianship for minor children and can increase the likelihood of family disputes. Executing a will ensures your preferences for distribution, guardianship, and administration are followed instead of default statutes.
Probate duration varies with estate complexity, creditor claims, and court caseload. In straightforward cases probate in Henrico County may be completed in several months, while more complex estates or contested matters can take a year or longer to resolve. Proper planning and clear documentation often shorten administrative timelines. Timely filing, accurate asset inventories, and addressing creditor or tax matters proactively help reduce delays. Working with counsel who understands local probate procedures can streamline filings and communication with the court and interested parties.
A will can be contested on grounds such as lack of testamentary capacity, undue influence, or improper execution. Contests tend to be time-consuming and costly, and they can delay distributions and increase family conflict during probate. To reduce the risk of successful challenges, ensure the will is clearly written, executed with proper formalities and witnesses, and supported by documentation of the testator’s capacity and intent. Periodic review and updated documents after major life events also help minimize ambiguity that might prompt disputes.
After signing, store your will in a secure location and inform the executor and trusted family members of its existence and general location. You may keep a copy with your attorney, in a safe deposit box, or in another secure place with clear instructions for retrieval to ensure access when needed. Avoid leaving the will in an unsafe location or with someone who may be unable to locate it. Updating copies and confirming where originals are kept after life changes helps prevent delays in probate and ensures your wishes are accessible to those who will administer your estate.
Virginia recognizes holographic (handwritten) wills in limited circumstances if they meet state requirements for testamentary intent and signature, though relying on handwritten documents can create ambiguity about validity and content. Typed wills executed with witnesses are generally safer and more reliable for probate purposes. A professionally prepared will minimizes the risk of challenges and misinterpretation. If you have a handwritten will, consider consulting to confirm its validity or to convert its provisions into a formally executed document that reduces the potential for disputes.
You can change a will by creating a new will that expressly revokes prior wills or by adding a codicil that amends specific provisions. The new will or codicil must be executed with the same formalities required for wills under state law to be valid and enforceable. It is important to ensure that updates are clear and that older versions are destroyed or formally revoked to avoid confusion. Consulting with counsel when making changes helps ensure the revised documents reflect your intentions and comply with legal requirements.
