A valid will provides practical benefits: it names the person who will manage your estate, identifies beneficiaries, and allows you to appoint guardians for minor children. A will also records your wishes regarding personal property and funeral directions, which reduces uncertainty and can limit conflicts among family members after your passing.
A comprehensive approach lets you specify detailed distribution terms, create trusts for minor beneficiaries, and set conditions or staggered distributions. These tools can protect inheritances from unintended creditors or premature dissipation and provide structured support for heirs who may need ongoing financial oversight.
Clients value clear communication and thoughtful planning that addresses both personal and business concerns. Hatcher Legal focuses on individualized solutions, timely responses, and thorough document preparation to reflect each client’s goals while complying with Virginia procedural requirements for wills and probate.
Schedule reviews after major life changes such as marriage, divorce, births, deaths, relocation, or significant changes in assets. Regular updates prevent contradictions between documents and keep beneficiary designations and distribution plans current with your family and financial goals.
A will is a legal document that sets out how your probate assets will be distributed, names a personal representative to administer your estate, and can appoint guardians for minor children. It is governed by Virginia law and must meet state formalities to be effective and enforceable in Lee County courts. Having a will avoids default intestacy rules that may not reflect your wishes, clarifies responsibilities for administration, and helps reduce family uncertainty. Even with modest assets, a will helps ensure your directions for distribution and guardianship are known and followed.
Choose a personal representative who is trustworthy, organized, and able to manage administrative tasks, including handling filings and communications with creditors and beneficiaries. Geographic proximity and willingness to serve are practical considerations for someone who may need to complete filings in Lee County or work with local institutions. It is also wise to name one or more alternate personal representatives in case your first choice is unable to serve. Discuss compensation and expectations with potential appointees so there are no surprises when administration begins.
It is generally possible to disinherit an adult beneficiary through a will, but certain statutory protections may limit complete exclusion in some circumstances. For example, a surviving spouse may have election rights under Virginia law, and omission of a child born after the will may be treated differently, so consequences should be evaluated in light of the statutes. Because family law and succession rules can affect disinheritance, careful drafting and periodic review are important to ensure your intentions are effective. Updating beneficiary designations and coordinating other planning tools reduces the chance of unintended outcomes.
If you die without a valid will, Virginia’s intestacy rules determine how your estate is distributed among surviving relatives, which may not match what you would have chosen. The court will appoint an administrator to manage estate affairs, and the resulting distribution can be less flexible than the directions you would have set in a will. Intestacy often leads to delays, additional court involvement, and potential disputes among heirs. Creating a will clarifies your wishes and can shorten administration and reduce the likelihood of contested proceedings.
Review your will regularly and after major life events such as marriage, divorce, birth or adoption of children, significant changes in assets, or relocation between states. A periodic review every few years ensures documents reflect current relationships, assets, and your intentions under applicable law. When circumstances change, update beneficiary designations on retirement accounts and insurance policies to align with your will and overall estate plan. Coordinating all documents prevents conflicts and unintended distributions during estate administration.
Virginia law requires wills to be in writing and signed by the testator with witness attestation to be valid under most circumstances. Handwritten or holographic wills may be accepted if they meet state formalities, but proving their validity can be more complicated and may lead to disputes in probate. To reduce ambiguity and evidentiary issues, formalizing a will with proper witness signatures and clear language is recommended. A formally executed will helps prevent challenges and ensures the decedent’s intentions are easier to implement.
A will does not prevent probate; rather, it directs how probate assets should be distributed and nominates a personal representative for administration. Some assets pass outside probate through beneficiary designations, joint tenancy, or trusts, so a will will apply to assets that are titled in your name alone and have no designated beneficiary. If avoiding probate is a primary goal, consider supplemental tools such as revocable living trusts, transfer-on-death designations, and joint ownership arrangements. Coordinating these measures with a will reduces the estate portion subject to probate.
A will can transfer ownership of business interests, but passing a business through probate may create valuation and continuity issues. Probate delays can disrupt operations, and probate-based transfers may not align with partnership or corporate agreements that govern ownership changes. Integrating a will with buy-sell agreements, shareholder or operating company documents, and succession planning ensures transfers occur smoothly and in accordance with business continuity needs. Advance planning avoids contested transitions and preserves enterprise value for owners and families.
A will generally does not protect assets from long-term care costs or Medicaid eligibility because those programs evaluate asset ownership and transfers during lookback periods. Asset protection for long-term care planning typically involves trusts, timing strategies, and other elder law tools rather than a will alone. Early planning is important when long-term care or public benefits are a concern, since some protection strategies require time to take effect. Coordinating wills with powers of attorney, trusts, and elder law planning provides a comprehensive approach to address care needs and preserve resources.
The cost to prepare a will varies depending on complexity, whether supporting documents such as powers of attorney or trusts are needed, and whether business succession issues are involved. A simple will typically costs less than a comprehensive plan that includes trusts, multiple entities, or complex beneficiary arrangements. We begin with an initial consultation to understand your needs and provide a clear fee estimate based on the documents and services required. Contact Hatcher Legal at 984-265-7800 to discuss your situation and obtain a tailored cost estimate.
