A will gives you control over who receives your property, who manages your estate, and who cares for any minor children. It minimizes the risk of intestate succession, clarifies personal property gifts, and helps narrow disputes among heirs. For many families, a will is the foundational document that supports broader estate planning goals.
Clear, coordinated documents reduce ambiguity that often leads to disputes among heirs. When intentions are documented and legal formalities are met, families face fewer contentious proceedings and can focus on honoring loved ones rather than litigating over unclear instructions.
Hatcher Legal combines business and estate planning experience to craft wills that coordinate with corporate documents, succession plans, and trust arrangements. Our approach centers on practical outcomes that protect family interests and support continuity for business owners.
We advise on whether to file a will with the clerk of the circuit court or retain the original in secure storage and provide copies to the personal representative. If probate becomes necessary, we offer support through filing, administration, and estate mediation services when disputes arise.
To be valid in Virginia a will must be signed by the testator in the presence of two competent adult witnesses who also sign the document. The testator must have capacity and the execution must reflect a voluntary intention to create the will. Although notarization is not required for validity, executing a self-proving affidavit before a notary makes probate simpler by reducing the need for witness testimony, which can speed administration for your survivors.
A trust can complement a will but does not always eliminate the need for one. A pour-over will can direct any assets not transferred to a trust during life into the trust at death, ensuring comprehensive distribution of your estate. Trusts can avoid probate for assets they own, but wills remain useful for naming guardians, appointing a personal representative, and covering assets not titled or funded into trust prior to death.
Review your will after major life events such as marriage, divorce, birth or adoption of children, purchase or sale of significant assets, or changes in business ownership. These events often require updates to reflect new priorities and legal effects. Even without major changes, a periodic review every few years helps ensure beneficiary designations, account titles, and estate documents remain coordinated and continue to reflect your intentions over time.
Yes, you can nominate a guardian for minor children in your will, which is one of the most important reasons for parents to create a will. Naming a guardian communicates your preference to the court and provides direction for who should care for your children. It is also advisable to name an alternate guardian and to provide for financial arrangements for the children’s care, such as testamentary trusts or specific bequests to support their upbringing and education.
If you die intestate (without a will) Virginia law determines distribution of your estate to heirs according to statutory rules, which may not match your personal wishes. This can lead to unintended beneficiaries, protracted probate, and increased family conflict. Intestacy also leaves decisions about guardianship and administration to the court, rather than reflecting your chosen representatives or guardians, which underscores the importance of having a properly executed will.
A will itself does not avoid probate; assets titled solely in your name will typically pass through probate under the terms of the will. Probate is the court-supervised process for validating the will, paying debts, and distributing assets. Some assets pass outside probate through joint ownership, beneficiary designations, or trusts. Coordinating these tools with your will can reduce the portion of the estate that must go through probate and simplify administration.
A will can address business ownership by directing who should receive your ownership interest, but it may not be able to change business entity documents or transfer ownership free of restrictions. Business succession planning ideally aligns entity agreements, buy-sell provisions, and the will to facilitate a smooth transition. For closely held businesses, coordinating corporate documents, shareholder agreements, and estate planning avoids management gaps and clarifies how ownership interests should be handled if an owner dies or becomes incapacitated.
Wills can be contested on grounds such as lack of capacity, undue influence, or improper execution. Clear recordkeeping, thoughtful drafting, and confirming that the will was executed properly reduce grounds for contest and support the document’s credibility. Discussing your decisions with beneficiaries and keeping contemporaneous notes about the reasons for significant gifts can also lessen misunderstandings that sometimes lead to challenges, and using a self-proving affidavit helps establish proper execution.
Notarizing a will in Virginia is not required for validity, but having a will notarized along with a self-proving affidavit simplifies probate by removing the need to locate and secure witness testimony. This can speed the probate process for your survivors. Given the administrative advantages, we often recommend executing a self-proving will, particularly when witnesses may be unavailable later or when minimizing probate friction is a priority for your family.
Beneficiary designations on retirement accounts and life insurance typically override the instructions in a will for those specific assets. It is important to coordinate beneficiary forms with your will so apparent intentions are consistent and assets pass as expected. When preparing or updating a will, review all account designations and change them where needed, or structure your estate plan so that accounts and the will work together to achieve your distribution goals and avoid unintended outcomes.
