A valid will ensures your property is distributed according to your wishes and can designate guardians for minor children and fiduciaries to manage your estate. Without a will, state law determines distribution, which can result in delays, increased costs, and outcomes that may not reflect your intentions. Planning now protects family continuity and minimizes stress later.
Clear documents and organized records reduce the time and cost of estate administration, easing the burden on loved ones during an already difficult period. Well-drafted wills and complementary documents limit court involvement and provide step-by-step guidance for executors and trustees charged with carrying out your wishes.
Hatcher Legal, PLLC provides client-focused planning that prioritizes clear communication and practical results. We help translate personal wishes into effective legal documents while coordinating wills with powers of attorney, advance directives, and other estate planning tools to create a consistent and manageable plan.
As circumstances change, we assist with codicils or full will revisions to reflect new marriages, births, deaths, or financial changes. Regular review every few years or after major life events preserves the document’s relevance and helps avoid ambiguities that can lead to disputes among heirs.
If you die intestate in Virginia, state law determines how your assets are distributed among surviving relatives, potentially excluding people you would have chosen to receive property. Intestacy rules prioritize spouses and blood relatives, but distribution can be complex and may not match your personal wishes. Creating a will allows you to name beneficiaries, appoint a personal representative, and designate guardians. Drafting a valid will avoids intestacy outcomes and provides direction to heirs and the court, reducing administrative time and cost.
You can name a guardian for minor children within your will by specifying the individual you trust to care for them and manage their inheritance until they reach adulthood. It is important to name alternates in case your primary choice is unavailable, and to discuss responsibilities with chosen guardians beforehand. While courts give weight to your nominated guardian, the judge will consider the best interests of the child. Including clear guardianship provisions in the will and complementary instructions helps ensure your wishes are followed and the transition is smoother for your family.
Yes, you can choose to exclude a family member from your will, but doing so may prompt questions or challenges after your death. In some situations, state laws provide protections for certain family members, but generally a competent adult may disinherit heirs through clear testamentary language. To reduce the risk of successful challenges, document the reasons for your decisions where appropriate and ensure the will is properly executed with witnesses. Consulting counsel during drafting helps ensure your intentions are expressed clearly and in a manner that is enforceable under Virginia law.
Review your will after major life events such as marriage, divorce, the birth of children or grandchildren, the death of a beneficiary or fiduciary, significant changes in assets, or relocation to another state. Even without major events, periodic review every few years ensures the document remains current with your intentions and changes in law. Updating a will may require a codicil or a new will, depending on the extent of changes. Regular maintenance prevents unintended distributions and keeps beneficiary designations aligned across accounts and policies.
A will does not avoid probate; it dictates how assets that pass through probate should be distributed and names the personal representative for the estate. Assets held in trust, jointly owned with rights of survivorship, or with designated beneficiaries typically transfer outside probate. To minimize probate, integrate your will with trusts, payable-on-death designations, and properly titled assets. An overall planning strategy can reduce the probate estate and streamline distribution to your heirs while ensuring your wishes are legally documented.
A will becomes effective after death and governs distribution of probate assets, while a trust can hold and manage assets during life and avoid probate for assets titled in the trust’s name. Revocable trusts are commonly used to provide continuity and privacy, while wills often cover residual matters and guardianship for minors. Both instruments serve different roles and can work together: a pour-over will can direct assets into a trust at death, and coordinated planning ensures each document supports the broader goals for asset protection, tax planning, and family needs.
Select an executor or personal representative who is trustworthy, organized, and willing to serve. Common choices include a spouse, adult child, close friend, or professional fiduciary. Consider the nominee’s ability to handle financial tasks, communicate with beneficiaries, and manage potential disputes fairly and patiently. It is helpful to name alternates and to discuss the role ahead of time so your nominee understands responsibilities. If your estate or family situation is complex, consider whether professional fiduciary assistance may be appropriate to support administration tasks.
Yes, wills can be contested on grounds such as lack of testamentary capacity, undue influence, improper execution, or fraud. Challenges typically occur when beneficiaries believe the will does not reflect the true intentions of the deceased or when formalities were lacking at signing. To reduce the likelihood of successful contests, ensure clear drafting, proper witness procedures, and contemporaneous documentation of capacity. Keeping organized records and working with counsel to execute the will properly strengthens its defensibility in court if disputes arise.
Store the original signed will in a secure, easily accessible location such as a safe deposit box, home safe, or with your attorney. Inform your personal representative and trusted family members where the original is kept and provide copies for reference. Avoid leaving the will in obscure places that might delay discovery during probate. Consider providing a copy to your personal representative or filing a notice with the local clerk of court where permitted. Maintaining a clear record reduces delays and ensures fiduciaries can locate the document promptly when needed.
Beneficiary designations on accounts like retirement plans, life insurance, and payable-on-death accounts generally take precedence over directions in a will because those assets transfer by contract terms outside probate. Regularly reviewing and coordinating beneficiary forms with your will is essential to ensure overall alignment with your estate plan. If beneficiary designations are outdated, they can create outcomes that contradict testamentary intentions. After significant life events, confirm that account beneficiaries reflect current wishes and change forms as necessary to match your comprehensive estate plan.
