A valid will gives you control over who receives your assets and who manages your estate, preventing intestacy rules from deciding for you. Wills can name guardians for children, set bequests for loved ones, and specify funeral arrangements. Clear instructions reduce ambiguity, speed estate administration, and often lower emotional and financial costs for surviving family members.
Using trusts and coordinated beneficiary designations keeps many assets out of probate, shortening the time it takes for heirs to receive property and keeping financial affairs out of public records. This approach can preserve family privacy and reduce probate costs, making administration smoother for those who must carry out your wishes.
Clients rely on Hatcher Legal for careful drafting and attention to detail when preparing wills. We prioritize clear communication and thorough document review to reduce the chance of ambiguity or challenge. Our process includes identifying potential probate issues and recommending complementary instruments where they provide added protection or efficiency.
We recommend storing original wills in a safe location and informing the executor of its whereabouts. Periodic reviews every few years or after major life events keep the will current. If changes are needed, clients can execute codicils or a new will to reflect updated wishes.
A will directs how probate assets are distributed and can name guardians and executors, while a trust is a legal arrangement that can hold and manage assets during life and after death without probate. Trusts can provide ongoing management, privacy, and control over distribution timing, whereas wills generally govern only probate assets. Choosing between a will and a trust depends on asset types, privacy preferences, and goals for post death management. Many clients use both documents: a will to handle any remaining probate assets and a trust to manage property intended to avoid probate and provide long term oversight for beneficiaries.
To name a guardian in your will, clearly identify the person you wish to care for your minor children and include an alternate guardian in case the primary choice is unable or unwilling to serve. The nominated guardian assumes custody responsibilities subject to court approval and the child’s best interests, so select someone willing to accept the role and who can provide stability. It is also helpful to discuss your choice with the proposed guardian before naming them and to explain any preferences for the child’s upbringing or financial arrangements. Including provisions for a testamentary trust can secure funds for the child’s care and education until they reach an age you designate.
While DIY wills are available online and may be suitable for very simple situations, they carry risks such as incorrect formality, ambiguous language, or failure to coordinate with beneficiary designations and other estate documents. Legal review helps ensure a will complies with state law and reflects your intentions accurately to reduce the risk of disputes during probate. Engaging legal counsel is especially advisable when you have real estate in multiple states, business interests, blended family considerations, beneficiaries with special needs, or assets requiring specific transfer methods. A professional review can save time, cost, and emotional strain for survivors by preventing common drafting errors.
If you die without a valid will in Virginia, your property is distributed according to state intestacy laws, which prioritize spouses, children, and other relatives in a fixed order. This distribution may not match what you would have chosen and can leave out friends or charities you intended to benefit, underscoring the value of having a will. Without a will, the court will appoint an administrator to handle estate affairs and select guardians for minors if necessary. The probate process can be less predictable and may generate disputes among family members who disagree about appropriate distributions or guardianship arrangements.
Review your will every few years and after any major life event such as marriage, divorce, birth or adoption of a child, significant changes in assets, relocation to a different state, or death of a named beneficiary or fiduciary. Regular reviews ensure documents remain aligned with current wishes and legal requirements. Even if circumstances remain stable, occasional reviews confirm that beneficiary designations on retirement accounts, life insurance, and payable on death accounts match the will. Small changes can have big effects, so periodic updates help avoid unintended outcomes for your heirs.
Choose an executor who is organized, trustworthy, and able to handle administrative duties such as managing assets, paying bills and taxes, and communicating with beneficiaries. Many people select a close family member or friend who understands family dynamics and can remain impartial during estate administration. Consider naming an alternate executor in case the primary designee is unavailable or unwilling to serve. For complex estates, choosing a professional fiduciary, financial institution, or trusted advisor to act as executor may provide additional impartiality and continuity for managing legal and tax matters.
Yes, a will can be contested after death by interested parties who challenge its validity on grounds such as lack of proper execution, undue influence, or lack of testamentary capacity. Courts evaluate these claims based on evidence and the legal formalities surrounding the will’s creation and signing. To reduce the likelihood of successful contests, use clear language, follow formal signing and witnessing requirements, keep detailed records of the drafting process, and consider discussing your decisions with family members. Working with legal counsel during drafting and execution helps strengthen the will against potential challenges.
Debts and taxes are paid from the estate before distributions to beneficiaries. The executor inventories assets, notifies creditors, pays valid claims, and files necessary tax returns before distributing remaining property. This process ensures creditors are treated fairly and that beneficiaries receive clear title to assets. Estate liquidity can be an issue if assets are illiquid, such as real estate or business interests. Planning ahead by setting aside funds, using life insurance, or structuring distributions can help cover obligations and avoid forced sales of family assets during administration.
Store the original signed will in a secure but accessible place and inform the executor of its location. Options for safe storage include a secure home safe, a bank safe deposit box, or with your attorney. Avoid keeping the only original in a place where it could be lost or destroyed without instructions for retrieval. Make sure the executor and key family members know how to access the will when necessary. While copies can be helpful, courts typically require the original document for probate, so secure preservation of the original is important to enable timely estate administration.
Life events often require updates to wills and related estate documents to reflect new relationships, changed assets, or revised wishes. Marriage, divorce, births, deaths, relocation, business transactions, and significant changes in net worth are common triggers for amendments or new wills to ensure intended beneficiaries and fiduciaries remain appropriate. Failing to update documents can lead to unintended results under state law, such as disinherited heirs or outdated fiduciary appointments. Regular review and updates maintain alignment between your estate plan and current objectives, reducing confusion and potential disputes after your death.
