A valid will gives you control over who inherits your property, who handles your estate, and how debts and taxes are addressed. It reduces conflict among heirs and allows for specific gifts, charitable bequests, and appointment of guardians for minor children. Clear testamentary directions can streamline probate and protect family relationships during a difficult time.
A complete plan allows precise control over how assets are distributed, when beneficiaries receive property, and under what conditions. Testamentary trusts and detailed provisions can protect inheritances from creditors, division, or mismanagement while enabling phased distributions that align with your intentions.
Hatcher Legal brings a pragmatic approach to wills and estate planning, drawing on experience with business and family matters to prepare documents that reflect real-world needs. We focus on clarity, cost-effective strategies, and coordination with other planning tools to achieve outcomes that match client priorities and family dynamics.
If probate is required, we guide appointed fiduciaries through filing necessary court papers, inventorying assets, addressing creditor claims, and distributing property. Our involvement helps maintain compliance with legal duties and reduces administrative burden on family members during estate settlement.
To be valid in Virginia, a will generally must be written by a person of sound mind, signed by the testator, and witnessed by two competent witnesses who observe the signature. Meeting these formalities helps ensure the court will admit the will to probate without unnecessary challenge. Additional requirements may apply depending on circumstances, such as self-proving affidavits to streamline probate. Consulting with counsel before executing a will helps confirm compliance with state law and reduces the chance of later disputes.
You should review your will after major life events including marriage, divorce, births, deaths, significant changes in assets, or relocation to another state. These events can alter your intended distributions, guardianship choices, or the legal effect of legacy provisions, so prompt updates are advisable. Even without major changes, a periodic review every few years is prudent to ensure beneficiary designations, executors, and provisions remain appropriate. Regular updates reduce the risk that outdated language or changed circumstances will frustrate your objectives.
In most states you may disinherit an adult family member by expressly omitting them in a will, but this action can lead to disputes or creditor claims depending on the family situation. Naming clear reasons and using precise language reduces ambiguity, though it may not prevent a contested administration. Certain relationships and statutory protections can affect distribution, and disinheriting a spouse may raise legal complications. Careful drafting and consideration of applicable family law help ensure that the will accomplishes your intent while minimizing the likelihood of successful challenges.
An executor administers the estate according to the will, including locating assets, paying creditors and taxes, filing probate documents, and distributing property to beneficiaries. The executor has fiduciary duties to act in the best interest of the estate and beneficiaries and must keep accurate records throughout the process. Choosing an individual who is organized and willing to communicate with beneficiaries can ease administration. Naming a successor executor provides continuity if the primary choice is unable to serve, reducing delays and administrative complications during probate.
Joint accounts generally pass to the surviving joint owner by operation of law and therefore are not controlled by a will. Payable-on-death or beneficiary designations also override testamentary instructions, so it is important to coordinate these instruments with your will to avoid unintended distributions. During planning we review account titles and beneficiary forms to ensure they align with your overall objectives. Where necessary, changes to account ownership or beneficiary designations can help ensure that assets are distributed according to your wishes.
If you die without a will, state intestacy laws determine how your assets are distributed, typically prioritizing spouses and children. Intestacy can result in distributions that differ from what you would choose and may create administrative burdens for family members during estate settlement. Dying intestate also means you will not have nominated an executor or guardian for minor children, leaving these decisions to the court. Creating a will ensures that your preferences are followed and can reduce uncertainty and conflict among survivors.
You can include funeral and burial instructions in a will, but because a will may not be reviewed immediately after death, it is wise to provide separate, easily accessible guidance to loved ones. Also consider communicating your wishes in writing and giving trusted individuals copies of the instructions. Including these preferences in a will still provides a formal record of your intentions. We recommend coordinating funeral directives with advance directives and durable powers of attorney so that health and end-of-life wishes are documented and accessible when needed.
Wills control the disposition of probate assets, while trusts and beneficiary designations can transfer assets outside probate. A coordinated plan ensures that assets intended to pass under a will are not unintentionally directed elsewhere by inconsistent beneficiary forms or titling. When building a plan, we review trust terms and beneficiary designations to achieve intended outcomes. Proper coordination reduces the risk of overlapping or conflicting documents and helps ensure that assets are managed and distributed according to your objectives.
Some states recognize handwritten or holographic wills under specific conditions, but formal requirements vary and such documents can be susceptible to challenge. Relying on properly executed, witnessed, and dated wills reduces the likelihood of litigation and uncertainty during probate. Given the potential complications, it is generally advisable to prepare a formal will that meets state witnessing requirements and, if appropriate, includes a self-proving affidavit to streamline probate. Legal guidance helps validate the document’s effectiveness and enforceability.
The length of probate depends on estate complexity, creditor issues, property types, and whether disputes arise. Simple estates with clear assets and no contested claims can often be resolved more quickly, while estates involving real property, business interests, or litigation may take longer. Working with counsel and preparing complete documentation can help expedite the process. Proactive planning, accurate inventories, and timely filings reduce delays and help administrators meet their duties efficiently under the applicable court procedures.
