A will clarifies how assets, personal property, and guardianship responsibilities should be handled, minimizing ambiguity for surviving relatives. It also allows you to name an executor to manage estate affairs, specify funeral wishes, and preserve family intentions. Properly drafted wills can reduce probate time and expenses while protecting vulnerable beneficiaries.
Comprehensive planning tools allow you to control how and when beneficiaries receive assets, which can be important for minors or those who lack financial experience. Trusts and directed distributions help protect inheritance from mismanagement, creditors, or unintended claims while allowing you to set conditions that reflect family needs and long-term goals.
Hatcher Legal brings practical experience in estate planning and probate matters, assisting clients with wills that reflect personal priorities and legal requirements. We prioritize clear communication, careful drafting, and attention to details that affect probate and family outcomes. Our goal is to make the process straightforward and respectful of your wishes.
If probate is required, we assist executors with filings, creditor notifications, and distribution of assets under court supervision. Our support helps executors meet legal obligations efficiently while protecting beneficiary interests and resolving disputes that can arise during estate administration.
Virginia requires that a will be written by someone who had testamentary capacity at the time of signing and that it be signed by the testator in the presence of two competent witnesses. The witnesses must also sign the document. These formalities help ensure the will is recognized as the decedent’s true expression of intent. Courts may scrutinize wills for undue influence, fraud, or lack of capacity. Careful drafting and proper execution reduce the risk of successful challenges. We guide clients through the signature and witnessing process to enhance the likelihood that the will will withstand potential contestation.
Assets held in joint tenancy or accounts with payable-on-death or transfer-on-death designations typically pass outside the probate estate and are not controlled by a will. Joint owners usually retain survivorship rights that supersede testamentary instructions. It’s important to inventory account ownership to understand what the will can and cannot control. Coordinating beneficiary designations and account ownership with your will prevents unintended outcomes. We review deeds, retirement plans, and insurance policies to align nonprobate transfers with your testamentary goals, recommending changes when a will alone cannot accomplish your desired distribution.
You should review your will whenever you experience major life events such as marriage, divorce, the birth or adoption of a child, acquiring significant assets, or moving to another state. Laws change over time, and periodic reviews every few years help confirm that your will still reflects current wishes and legal requirements. Even without major events, occasional reviews ensure beneficiary designations and fiduciary appointments remain appropriate. We recommend scheduling a review after significant life changes or at regular intervals to address any shifts in your family, financial situation, or objectives.
Yes, you can name a guardian for minor children in your will to specify who should care for them if both parents are deceased. A guardian appointment expresses your preference to the court, which typically gives weight to the parents’ choice when making custody decisions for minors. It is wise to name alternate guardians and provide instructions regarding care and financial support, such as directing assets into a trust for the child’s benefit. Discussing your choices with the proposed guardians ahead of time ensures they are willing and able to serve when needed.
A will does not avoid probate for assets that pass by operation of law or by beneficiary designation, such as jointly held property or accounts with named beneficiaries. Probate generally applies to assets that are solely in the decedent’s name at the time of death and lack a designated transfer mechanism. If avoiding probate is a priority, other tools like revocable living trusts can transfer assets outside of probate. We evaluate your asset ownership and recommend structures that reduce probate involvement while preserving your distribution goals.
If you die without a will in Virginia, your estate will be distributed under the state’s intestacy laws, which allocate assets to surviving spouses, children, and other relatives according to predefined formulas. These default rules may not reflect personal wishes, and they do not allow you to nominate guardians for minor children. Intestacy can also increase family disputes and delay estate administration. Creating a will allows you to control distributions, name an executor, and appoint guardians, reducing uncertainty and ensuring your intentions are followed.
Virginia law generally permits you to disinherit anyone by explicitly stating your intentions in a valid will. Clear language indicating which persons are intentionally omitted helps prevent claims that an omission was accidental or due to mistake. Specific bequests and residuary clauses further clarify distribution plans. However, disinheriting a spouse may have legal consequences depending on marital property considerations. It is important to review family law and inheritance rules to understand how a deliberate omission may affect estate distribution and potential challenges.
Beneficiary designations on retirement accounts and life insurance contracts take precedence over a will for those specific assets. If a beneficiary is named on an account, the asset typically transfers directly to that person outside of probate regardless of will language. Coordination is essential to achieve coherent estate outcomes. We review beneficiary forms and advise on updates to ensure they align with your overall estate plan. Where conflicts arise, changes to designations or the use of trusts can help reconcile testamentary wishes with nonprobate transfers.
Storing the original will in a safe, accessible location is important. Some clients choose to keep the original with a trusted attorney, in a safe deposit box, or in a secure home location while informing the executor of its whereabouts. Accessibility for the executor after death is a key consideration. Filing the will with the court prior to death is uncommon, but we can discuss options for safe storage and retrieval. We provide guidance to ensure the original is available when needed to begin probate or estate administration promptly.
You can update your will at any time while you have testamentary capacity by creating a new will that revokes prior wills or by adding a codicil to amend specific provisions. Proper execution formalities must be followed to ensure the change is legally effective and avoids ambiguity during probate. Regularly revising your will in response to life changes helps ensure current wishes are honored. We assist with drafting new wills or codicils and advise on whether a full redraft is preferable when substantial changes are needed.
