A properly drafted will reduces uncertainty about your estate by specifying beneficiaries, directing payments of debts and taxes, and appointing a personal representative to manage administration, which can speed probate and limit contentious litigation among heirs.
Trusts allow you to set conditions, stagger distributions, and appoint trustees to manage funds on behalf of beneficiaries, providing oversight while preserving intended long term benefits and shielding assets from certain creditor claims.
Hatcher Legal brings a business and estate law focus to each matter, offering clients practical drafting, thoughtful planning considerations for family or company interests, and clear explanations about how documents operate under Virginia law.
We recommend periodic reviews after marriage, divorce, births, deaths, or significant asset changes to revise wills, update beneficiaries, and modify documents so they remain aligned with current objectives and legal developments.
Virginia requires that a will be in writing, signed by the testator or in the testator’s conscious presence, and witnessed by at least two competent individuals who sign in the testator’s presence. Proper testimony and attestation reduce the likelihood of challenges during probate. Consulting with counsel before execution helps confirm procedural compliance and reduces risk. Keep the original will in a secure location and inform your personal representative where to find it to facilitate prompt probate filing when necessary.
Beneficiary designations on retirement accounts and life insurance typically override provisions in a will because they transfer outside probate, so it is essential to coordinate those designations with the will to prevent conflicting distributions. Review and update beneficiary forms after significant events to match your testamentary objectives. If a beneficiary designation is inconsistent with your will, the nonprobate designation usually controls, making consistency critical to avoid unintended results during estate settlement.
You can name a guardian for minor children in your will to express your preference for who will care for them if both parents are deceased, but the court has the final authority to approve appointments based on the child’s best interests. Consider discussing your choice with potential guardians in advance, evaluate their willingness and capacity to serve, and name alternates to provide options. Provide instructions regarding financial support and include trust provisions if you wish to control how inheritances are managed for minors.
If a person dies without a valid will in Virginia, the estate passes under state intestacy statutes, which specify a hierarchy of relatives entitled to inherit, potentially excluding nonmarried partners or chosen charities. Intestacy can produce results that differ from personal wishes and may increase administration time and family disputes. Creating a will ensures decisions about distribution, guardianship, and personal representatives reflect your intentions rather than default statutory rules.
Update your will after major life events such as marriage, divorce, the birth or adoption of children, significant changes in assets, or relocation to another state, because these changes can affect who should receive property and who should serve as decision makers. Periodic reviews help ensure beneficiary designations, guardianship directions, and fiduciary appointments remain current. Even if nothing significant changes, a review every few years provides peace of mind and allows adjustments for legal developments.
The personal representative collects assets, notifies creditors, pays valid debts and taxes from estate funds, and distributes remaining property according to the will or intestacy laws. They must keep accurate records, file required tax returns, and act in the estate’s best interest. Seeking professional guidance for complex estates helps ensure compliance with tax obligations and creditor notice requirements to minimize personal liability and administrative errors during probate.
Virginia may recognize handwritten wills if they meet statutory requirements for execution and the testator’s intent is clear, but handwritten documents more often lead to disputes, questions about authenticity, and probate challenges. To reduce risk, formal witnessed execution and careful drafting with legal guidance is recommended. If a handwritten will is the only instrument, consider formalizing it promptly with proper attestation to strengthen its enforceability and clarity.
Trusts complement wills by allowing nonprobate transfers, controlling distribution timing, and providing protections for beneficiaries who are minors, have special needs, or require oversight, which can reduce probate exposure and preserve privacy. Consider trusts when you seek asset management after death, protection from creditor claims, or detailed conditions for distributions. Coordinating trust funding and beneficiary designations is essential to make sure assets flow according to your plan.
A will can dispose of probate assets owned individually at death, but it cannot override nonprobate mechanisms like beneficiary designations, joint tenancy rights, or assets held in trust, which pass outside probate according to their own terms. Understanding how each asset is titled and coordinating beneficiaries and account designations with your will helps ensure that overall distribution aligns with your intentions and reduces unintended transfers at death.
Bring a list of assets, account numbers, deed information, beneficiary designations, prior estate planning documents, and basic family information including names and contact details for proposed heirs and fiduciaries to the first meeting to allow efficient document drafting. Providing recent account statements and property descriptions helps counsel assess your estate, propose appropriate tools, and draft wills and related documents that reflect your goals with minimal follow-up and revision.
