A valid will creates legal clarity about who receives your property, reduces the potential for family disputes, and speeds the settlement of your estate. For parents, naming a guardian ensures continuity of care for minor children. For owners of businesses or farms, a will coordinates succession planning with other tools to preserve value and operational continuity for beneficiaries.
A detailed estate plan gives precise instructions for how and when assets are distributed to beneficiaries, allows conditions or staggered distributions when appropriate, and reduces the court’s role in personal decisions. This control helps families achieve long-term financial stability and align inheritances with the decedent’s intentions.
Hatcher Legal offers a client-centered approach that emphasizes clear communication, careful document drafting, and thorough review of beneficiary designations and asset titling. The firm helps clients understand the implications of different drafting options and provides guidance tailored to family dynamics and ownership structures.
Life events and legal changes may require updates to your will. We recommend periodic reviews after significant events such as marriage, divorce, births, or major financial changes to ensure documents continue to reflect current wishes and the most efficient planning strategies.
A will is a document that directs distribution of probate assets and nominates a personal representative and guardians for minor children, whereas a trust is a legal arrangement that can hold assets during life and after death, often avoiding probate. Trusts provide greater control over timing and conditions of distributions and can be useful for complex or multi-jurisdictional estates. Choosing between a will and a trust depends on asset types, family circumstances, and privacy considerations. For many people, a will paired with powers of attorney and a healthcare directive provides sufficient protection, while others with higher asset levels or specific distribution goals use trusts to meet their needs.
Even with few assets, a will is valuable because it names a personal representative, directs distributions, and appoints guardians for minor children. Without a will, state intestacy laws determine heirs and may not reflect your wishes, potentially creating delays and family disputes during an already stressful time. A focused review can determine whether a simple will, beneficiary designation adjustments, or small trust arrangements are most efficient. Attorneys help ensure that your wishes are documented clearly and that any nonprobate designations align with your overall plan.
To name a guardian, include a specific clause in your will that designates one or more people to care for minor children upon your death. It is wise to name alternates in case the primary appointee is unable or unwilling to serve, and to discuss the appointment with those you select so they understand the responsibility involved. Selecting a guardian involves assessing stability, parenting philosophy, financial capability, and willingness to serve. You may also use testamentary trusts to provide funds for a child’s care and make clear instructions about education, healthcare, and inheritance timing.
Yes, you can change your will after it is signed by executing a new will or adding a codicil that modifies specific provisions. Changes should follow the same formal signing and witnessing requirements to ensure validity under Virginia law and to avoid ambiguity that could invite challenges during probate. Significant life events such as marriage, divorce, births, or changes in asset ownership often prompt updates. It is important to review beneficiary designations and property titles as well, since those can override will provisions for certain assets.
If someone dies without a will in Virginia, their estate is distributed according to state intestacy statutes that prioritize spouses, children, and other relatives. These rules may not match the decedent’s intentions and can leave out friends, charities, or nontraditional family arrangements that a will could have addressed. Intestacy also means the court appoints an administrator to settle the estate, which can increase costs, delay distributions, and create additional burdens on family members. Creating a will avoids intestacy and clarifies your wishes.
A will governs assets that pass through probate, but it does not avoid probate for assets with named beneficiaries, joint tenancy, or assets held in trust. To minimize probate, people often use beneficiary designations, joint ownership arrangements, payable-on-death accounts, and trust ownership where appropriate. A comprehensive plan reviews how each asset is titled and recommends steps to reduce probate complexity while preserving your intentions for asset distribution and legacy planning.
Choose a personal representative based on reliability, organizational skills, impartiality, and the ability to follow legal and tax requirements. Consider geographic proximity, willingness to serve, and whether the person can work with financial and legal professionals during probate administration. For complex estates or where family dynamics are tense, naming a neutral third party or corporate fiduciary can help ensure fair administration. Provide clear instructions and consider alternate appointees to avoid delays if your primary choice cannot serve.
Common mistakes include failing to coordinate beneficiary designations and property titles with a will, not updating documents after major life events, choosing unsuitable fiduciaries, and relying on informal documents that do not meet state formalities. These errors can lead to disputes and unintended distributions during probate. Avoiding these mistakes involves a careful inventory of assets, regular document reviews, and clear drafting that anticipates contingencies. Professional review helps identify conflicts between documents and ensure that the plan achieves intended outcomes.
It is advisable to review your will and estate plan every few years or after major life events such as marriage, divorce, births, deaths, significant changes in assets, or relocations. Regular reviews ensure that documents reflect current law and personal circumstances and prevent unintended outcomes. Even without major changes, periodic reviews allow you to confirm fiduciary choices, beneficiary designations, and coordination among wills, trusts, and account titling to keep your plan effective and enforceable.
Bring identification, a list of assets and debts, copies of deeds or account statements, existing estate planning documents, and any business or ownership agreements you have. Information about potential beneficiaries, guardian preferences for minor children, and contact details for trustees or fiduciaries will help streamline the drafting process. Providing recent statements for retirement accounts, life insurance policies, and business documents allows for accurate coordination between beneficiary designations and will provisions, ensuring the document reflects the full scope of your financial picture.
