A will gives you control over who receives your assets, reduces the chance of disputes, and lets you name someone to manage your estate. For parents, naming a guardian ensures children are cared for according to your wishes. For business owners, a will coordinates succession planning that protects company continuity and value.
A coordinated plan gives precise control over who receives specific assets, when distributions occur, and how assets are used for beneficiaries with special needs or immaturity. Mechanisms like trusts can tailor distributions while preserving flexibility to adjust for future changes.
Hatcher Legal focuses on business and estate law matters, helping clients integrate wills with business succession planning, trusts, and powers of attorney. We prioritize clear drafting and practical advice to protect assets and support your family s needs while complying with state procedures.
After execution, review your will periodically or after major life events. We recommend updates to reflect changes in family circumstances, assets, or law. Keeping the document current ensures it continues to accomplish your goals and avoids unintended results.
A will is a legal document that states how you want your assets distributed after your death and names a personal representative to manage the estate. It also allows you to nominate guardians for minor children and express funeral preferences. A clear will reduces uncertainty and provides direction to loved ones and the courts. Having a will is particularly important when you have specific distribution intentions, own real estate or business interests, or want to control the care of dependents. Without a will, state law determines asset distribution and guardianship, which may not align with your wishes and can lead to delays and disputes.
Choose someone who is trustworthy, organized, and capable of handling financial and administrative tasks. The personal representative will gather assets, pay debts, file necessary paperwork, and distribute property according to the will, so selecting a person who can follow through and communicate effectively with beneficiaries is important. You may name a family member, friend, or professional fiduciary; naming alternates is advisable in case the primary designee is unable or unwilling to serve. Discuss your choice with the person beforehand so they understand the responsibilities and can decline if necessary.
Yes, you can change or revoke a will during your lifetime as long as you have capacity to do so. Revisions can be made by preparing a new will that expressly revokes prior wills or by executing a codicil that amends specific provisions. Proper execution of changes is essential to ensure the new document is effective. It is advisable to update a will after major life events such as marriage, divorce, birth of a child, significant changes in assets, or relocation to another state. Regular review helps ensure the will continues to reflect your intentions and complies with current law.
A will does not generally avoid probate for assets titled in your name alone, but it directs how those probate assets should be distributed. Certain assets pass outside of probate through beneficiary designations, joint ownership, or trusts, so a will should be coordinated with these mechanisms to achieve your desired outcome. If your goal is to minimize probate, consider tools like payable-on-death designations, joint ownership with rights of survivorship, or trusts that transfer assets outside probate. Each approach has trade-offs and should be evaluated in light of your overall planning objectives.
While it is possible to create a will using templates, having legal guidance helps ensure the document meets state formalities and accurately reflects complex wishes. Legal assistance can prevent errors in beneficiary descriptions, fiduciary appointments, or execution procedures that might render a will ineffective or lead to disputes. Working with a law firm is particularly helpful if you own a business, have a blended family, significant assets, or unique property arrangements. Professional drafting and review reduce the risk of unintended consequences and provide a clear record of your intentions.
Review your will periodically, typically every few years, and after major life events such as marriage, divorce, the birth of a child, changes in wealth, or relocation. Regular review ensures beneficiary designations and fiduciary appointments remain current and that the will reflects your present wishes. Legal and tax law changes may also affect planning decisions, so periodic consultation provides an opportunity to update documents to address new rules or opportunities. Proactive reviews help avoid surprises and maintain consistency across all estate planning documents.
If you die without a valid will in Virginia, state intestacy laws determine how your assets are distributed to relatives, which may not reflect your personal wishes. The court will appoint an administrator to handle the estate and, if you have minor children, the court may make guardianship decisions based on statutory priorities rather than your preferred choices. Intestacy can lead to delays, added expense, and potential disputes among family members. Preparing a properly executed will allows you to control distribution and guardianship choices and can reduce the administrative burden on your loved ones.
Yes, you may leave property to friends, charities, or non-family members in your will. Identifying recipients with clear legal names and contact information helps ensure the intended transfer occurs. Charitable gifts can be structured as specific bequests, percentages of the estate, or testamentary trusts, depending on your objectives. Consider potential tax implications and the practicality of gifting certain property types. For large donations or gifts of complex assets, coordinating with financial and tax advisors ensures the gift is executed as intended and does not create unintended burdens for heirs.
To protect minor children, a will should name a guardian for their person and a trustee to manage any assets left for their benefit. The will can create testamentary trusts with instructions about how funds should be used for education, support, and health care, and establish ages or milestones for distribution to prevent premature access to large sums. Carefully consider the temperament and values of proposed guardians and trustees, and name alternates in case your primary choice cannot serve. Discussing your preferences in writing and with proposed guardians reduces uncertainty and helps ensure your children are cared for as you intend.
Costs for creating a will vary based on complexity, whether complementary documents are needed, and the billing structure of the law firm. A straightforward will may be provided at a modest fixed fee, while comprehensive estate plans that include trusts, business succession documents, or tax planning typically involve higher fees due to additional drafting and coordination work. During the initial consultation we outline the likely scope and provide a fee estimate based on your needs. Clear communication about objectives and assets helps produce an accurate cost estimate so you can plan accordingly.
