A well-drafted will prevents intestacy rules from deciding who receives your property, allows you to appoint a personal representative and guardians for minor children, and provides instructions for distribution and care. Clear directions minimize family conflict, speed administration through the probate process, and protect heirs by documenting your last wishes in accordance with state requirements.
A holistic plan allows more precise control over when and how beneficiaries receive assets, including staggered distributions, trust-based oversight for minors or beneficiaries with special needs, and conditions tied to education, milestones, or responsible stewardship, reducing the risk that inheritances are mismanaged or wasted.
Clients work with Hatcher Legal for practical, personalized planning that bridges estate and business considerations. We draft documents to address family goals and business continuity, ensuring wills align with corporate agreements, succession plans, and other components of a broader estate strategy to reduce unintended outcomes.
Store the original will in a safe yet accessible location and inform your personal representative where it is kept. Review your will periodically and update it after major life events such as marriage, divorce, births, death of a beneficiary, or significant changes in assets.
A will is a legal document that sets out your instructions for distributing probate assets, names a personal representative to administer your estate, and can appoint guardians for minor children. It enables you to control who receives property that does not pass by beneficiary designation or joint ownership. Having a will prevents intestacy rules from determining your heirs and reduces uncertainty for family members. It is a foundational estate planning document that works best when coordinated with beneficiary designations, powers of attorney, and other planning tools to address incapacity and nonprobate assets.
Probate in Virginia is the court-supervised process for validating a will, collecting assets, paying debts and taxes, and distributing remaining property. The personal representative files the will with the appropriate circuit court, obtains letters testamentary, and follows statutory procedures to administer the estate on behalf of creditors and beneficiaries. Smaller estates may qualify for simplified procedures depending on asset value and type, while estates with real property or complex assets generally follow full administration. Good planning can reduce probate complexity but not always eliminate the need for court involvement.
Yes. You can name a guardian for minor children in your will, and you may establish a testamentary trust to manage funds for their care and education. Naming a guardian provides the court with your preferred arrangement and helps ensure children are cared for by someone you trust. Because guardianship and trust provisions have long-term consequences, it is important to discuss choices with potential guardians and consider successor nominations. Clear, specific provisions reduce ambiguity and support a smoother transition if the need arises.
If you die without a valid will in Virginia, state intestacy laws determine who inherits your property, typically prioritizing a spouse, children, and other close relatives. This outcome may not reflect your preferences for distribution or guardianship and can create unexpected results for blended families or those with nontraditional relationships. Intestacy can also lead to delays, increased costs, and family disputes. Preparing a will allows you to name fiduciaries, direct distributions, and address personal and financial priorities rather than leaving them to default rules.
Review your will after significant life events such as marriage, divorce, births, deaths in the family, major changes in assets, or relocation to another state. Life changes can alter your wishes or the effectiveness of existing provisions, so periodic review ensures your will remains aligned with current circumstances. Even absent major events, consider reviewing estate documents every few years to confirm beneficiary designations, update executors or guardians, and incorporate changes in law or financial planning that could affect your plan’s suitability over time.
A will can be contested on limited legal grounds, such as lack of testamentary capacity, undue influence, fraud, or improper execution. Contests are resolved in probate court and require evidence supporting the claim. Proper drafting and clear documentation of intent reduce the likelihood of successful challenges. Discussing your decisions with key family members, documenting your reasoning when appropriate, and ensuring formal execution with witnesses can help protect a will from avoidable challenges. Professional guidance during drafting further reduces ambiguity that might prompt disputes.
You may revoke or change your will by creating a new will that expressly revokes prior wills, by executing a written revocation, or by making a codicil that amends specific provisions. Destruction of the original will with intent to revoke also constitutes revocation under state law. When making changes, follow the same formal execution requirements as with the original will to ensure the revised document is valid. Consult with counsel to confirm that amendments properly reflect your intentions and do not create unintended conflicts with other estate documents.
A will does not avoid probate for assets that are subject to the will; probate is the process that gives the court authority to oversee distribution of those assets. Certain assets, such as accounts with designated beneficiaries, joint tenancy property, and assets held in trust, pass outside probate according to their ownership structure. To reduce probate administration, people often combine wills with trusts, beneficiary designations, and transfer-on-death arrangements. A coordinated plan addresses which assets will pass under a will and which will transfer directly to beneficiaries.
A will specifies distribution of probate assets and appointments like guardianship, while a trust is a separate legal entity that can hold and manage assets during life and after death. Revocable trusts commonly help avoid probate for assets titled in the trust, and they can provide ongoing management for beneficiaries. Trusts offer greater privacy and may provide more control over timing and conditions of distributions, but they involve different administration and funding steps. Choosing between a will and a trust depends on asset types, privacy needs, tax goals, and family considerations.
The cost to have a will drafted varies by complexity, the level of customization, and whether related documents like powers of attorney or testamentary trusts are included. Simple wills for individuals with straightforward assets typically carry lower fees, while wills that integrate business interests, trusts, or complex distributions involve higher fees due to increased drafting and planning time. We provide transparent fee estimates after an initial review of your circumstances and planning goals. Discussing your assets and objectives during a consultation helps determine an appropriate approach and cost estimate tailored to your needs.
