Creating a will ensures your property is distributed according to your instructions, allows you to name an executor to manage your estate, and enables you to designate guardians for minor children. A clear will minimizes disputes, provides direction to family members, and can be combined with other planning tools to reduce probate complexity and associated delays.
Coordinated documents allow you to specify timing, conditions, and management of distributions, which can be particularly important for minors or beneficiaries with special financial needs. Trusts and tailored provisions give more precise control than a will alone.
Our firm provides thoughtful, client-centered will drafting that reflects personal goals and family circumstances. We work to make the process straightforward, explaining legal options and coordinating documents so that wills integrate with beneficiary designations and powers of attorney.
We advise secure storage options and how to notify fiduciaries of the document’s location. Periodic reviews after major life events are recommended to keep the will current and consistent with other estate planning documents.
A will is a document that directs how assets held in your name alone are distributed after death, names an executor, and can appoint guardians for minors. A trust is a separate legal arrangement that can hold assets during life and transfer them outside probate, offering more control over timing and conditions of distributions. Trusts can reduce or avoid probate for assets placed into the trust and can provide ongoing management for beneficiaries. Wills are simpler tools for many people and remain important for assets not titled to a trust and for guardianship nominations, so many plans use both documents together.
Beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts pass directly to the named payees and typically are not governed by a will. These designations should be coordinated with your will so distributions align with your overall plan and do not create conflicts among intended heirs. Even with beneficiaries on accounts, a will addresses assets without beneficiary designations, appoints an executor, and names guardians for minor children. A comprehensive review ensures account beneficiaries and your will work together to achieve your objectives.
Review your will whenever major life events occur, such as marriage, divorce, the birth or adoption of children, death of a beneficiary or fiduciary, significant changes in assets, or a move to a new state. Regular reviews every few years help ensure your instructions remain current and effective. Updating also matters when laws change or when beneficiary designations and titling no longer reflect your intent. Prompt revisions after life changes prevent outcomes that differ from your wishes and reduce the likelihood of disputes during estate administration.
Yes. A will is the primary way to nominate guardians for minor children, naming the person or persons you trust to care for them if both parents are unavailable. Including alternate guardians provides a backup plan if your first choice is unable or unwilling to serve. Choosing a guardian involves considering stability, values, and the practical ability to care for children. A will can also direct how assets intended for children should be managed, for example by creating a testamentary trust to oversee distributions until certain ages or milestones.
When someone dies without a will, state law determines the distribution of assets through intestacy rules, which typically prioritize spouses, children, and other close relatives. The court appoints an administrator to manage the estate, and the outcome may not reflect the deceased person’s personal wishes. Intestacy can leave out friends, unmarried partners, or charities you intended to benefit, and it can complicate administration. Creating a will avoids these default rules and provides clear direction to family and the court.
An executor is usually named in the will by the person drafting it. If the named individual cannot serve, the will typically names alternates. The executor’s role includes filing the will with the court, locating and inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries. Executors have fiduciary duties to act in the estate’s best interest and according to the will’s terms. Selecting someone who is organized, trustworthy, and willing to serve, and naming backups, helps ensure efficient administration when needed.
A will can be contested in certain circumstances, such as allegations of lack of capacity, undue influence, or improper execution. Clear drafting, documented intent, and proper signing formalities reduce the risk of successful challenges and provide a stronger position if a dispute arises. Open communication about your decisions and careful recordkeeping of the drafting process can also help prevent or resolve contests. Working with counsel to anticipate sensitive issues and including detailed provisions can minimize the likelihood of prolonged litigation.
A will by itself does not avoid probate for assets that are solely in your name. Assets that have beneficiary designations, are jointly owned, or are held in a properly funded trust may pass outside probate. Understanding how each asset is titled is essential to determine whether probate will apply. If minimizing probate is a priority, coordinating a will with trusts and beneficiary designations provides a more comprehensive strategy. We help identify probate assets and recommend steps to align asset titling with your overall estate plan.
A valid will generally requires that the testator has the legal capacity to make the will, intends the document to be their last will, and signs it in the presence of the required number of competent witnesses under state law. Proper language and formalities help prevent later disputes about validity. Working with counsel ensures the will meets applicable Virginia formalities and that signature and witnessing procedures are followed. Clear, unambiguous provisions and proper execution reduce the risk of challenges during probate.
Bring a list of your assets, including bank and investment account statements, deeds to real property, life insurance policies, retirement accounts, and any business ownership documents. Include current beneficiary designations and trust documents if they exist, along with basic family information such as names and contact details of potential heirs and fiduciaries. Also bring prior estate planning documents and any questions about guardianship, charitable gifts, or specific bequests. Having these materials available at the first meeting enables a focused discussion and allows us to recommend an appropriate document structure for your goals.
