A will clarifies who inherits property, names an executor to manage the estate, and can designate guardians for minor children. It minimzes probate delays and provides instructions for personal and financial wishes. Clear testamentary documents also make it easier for surviving family members to follow your intentions and reduce the chance of contested proceedings.
When documents are coordinated, executors and trustees have clear instructions and fewer disputes arise among beneficiaries. This clarity accelerates the administration timeline, helps settle debts and taxes promptly, and preserves more value for intended beneficiaries instead of spending resources on contested proceedings.
Hatcher Legal offers focused attention to personal and business estate planning needs with a client-centered approach. We prioritize clear communication, careful drafting, and effective problem solving to create documents that reflect your goals and work under Virginia probate procedures.
After execution we recommend a schedule for reviewing documents following significant life events or changes in assets. We can assist with amendments or restatements to reflect new circumstances and maintain alignment across beneficiary designations and trust arrangements.
If you die without a will in Virginia, state intestacy laws determine how your assets are distributed, which may not reflect your personal wishes. Intestacy can lead to assets passing to relatives based on formulaic rules rather than chosen beneficiaries, leaving out friends or nontraditional family members you might have preferred to include. Lacking a will also means you do not nominate an executor or guardian for minor children, so the court will appoint an administrator and may decide guardianship without your input. Creating a will provides control and clarity for your estate and family arrangements.
You should review your will after major life changes such as marriage, divorce, births, deaths, significant asset purchases or sales, and when you move. Regular reviews every few years help ensure beneficiary designations and executor choices still reflect your intentions and current family circumstances. Legal and tax changes can also affect estate planning, so periodic updates ensure documents remain effective. If changes are minor, a codicil may suffice; major revisions often call for a restated will to avoid confusion during probate.
Yes, you can change your will anytime while you have the mental capacity to do so. Minor changes can be made by a codicil, which is a formal amendment, but many people choose to replace the existing will with a full restatement to avoid interpretive issues and streamline probate procedures. It is important to follow proper execution formalities for any amendment or new will, including witness requirements under Virginia law, to ensure the modified document will be admitted to probate without challenge.
While Virginia does not require an attorney to draft a valid will, working with legal counsel reduces the risk of drafting errors, ensures formal requirements are satisfied, and helps align the will with other planning documents. Attorneys can also advise on coordination with beneficiary designations and trust instruments. For straightforward situations, some people use reliable forms, but for blended families, business interests, or sizable estates, professional guidance helps avoid unintended consequences and minimizes potential disputes during probate.
A will can nominate preferred guardians for minor children, giving the court guidance when appointing someone to care for them. While the court has final authority, a clear nomination helps express your wishes and can be persuasive if the nominated guardian is suitable and willing to serve. Guardianship nominations should be discussed with the proposed guardians and coordinated with any parenting agreements or custody considerations. Backup guardians named in the will provide further assurance if the primary nominee cannot serve.
A will does not necessarily avoid probate; it governs how assets that pass through probate will be distributed, but many assets can pass outside probate via beneficiary designations, joint tenancy, or trusts. To minimize probate, clients often use beneficiary designations, properly titled assets, or revocable trusts in addition to a will. Assets held in a trust or with designated beneficiaries transfer outside of probate, simplifying settlement. We can review your asset ownership and recommend structural changes to reduce probate exposure if that aligns with your goals.
Life insurance proceeds and retirement account assets pass according to the beneficiary designations on file with the insurer or plan administrator. These designations typically take precedence over directions in a will, so it is essential to keep beneficiaries current and consistent with your broader estate plan. If a beneficiary designation is outdated or missing, proceeds may pass to your estate and then through probate, potentially creating delays and tax consequences. Coordinating designations with your will avoids surprises for survivors.
The executor, named in your will, is responsible for administering the estate, paying debts and taxes, and distributing assets to beneficiaries. When selecting an executor, consider someone trustworthy, organized, and willing to handle financial and administrative tasks, or choose a professional fiduciary if appropriate. The court approves the executor during probate, and the person named has a duty to act in the estate’s and beneficiaries’ best interests, maintain records, and follow legal timelines. Clear documentation and communication with the executor ease the administration process.
Virginia law generally allows you to disinherit individuals, but certain close relatives may have protections in specific contexts. Disinheriting a spouse is subject to legal rights such as elective share claims, so it is important to consider statutory protections when attempting to exclude certain heirs. Clear and intentional drafting helps express disinheritance, but thorough planning should address possible challenges and ensure asset distribution is coordinated with beneficiary designations and other instruments to limit unexpected outcomes.
Bring information about your assets, including real estate deeds, account statements, retirement plans, life insurance policies, business ownership records, and existing estate documents, plus a list of potential beneficiaries and guardians. Having this information helps create a complete plan tailored to your needs and priorities. Also prepare details about family relationships, previous marriages, and any special considerations for beneficiaries to ensure the plan reflects your intentions. Clear documentation speeds up drafting and helps identify coordination issues among accounts and legal instruments.
