Creating a will offers protection and predictability for your loved ones by specifying who receives assets and who manages the estate administration. It can limit family disputes, prioritize care for dependents, and reduce the time and expense of estate settlement. Proper drafting can also coordinate with beneficiary designations to avoid unintended results.
Comprehensive plans allow more precise control over how and when beneficiaries receive assets, enabling phased distributions or conditions tailored to individual needs. This can protect inheritances from creditors, poor financial choices, or misaligned expectations while honoring the decedent’s long-term intentions.
Hatcher Legal focuses on client-centered planning and careful drafting to produce wills that are clear, enforceable, and aligned with broader estate strategies. We prioritize understanding family dynamics, asset structures, and long-range goals to create documents that reduce uncertainty and administrative burdens.
We provide guidance on revisiting estate documents periodically, especially after major life changes. Regular reviews help preserve alignment between documents and current wishes, and allow timely adjustments to beneficiary designations, fiduciary appointments, or distribution plans.
A valid will in Virginia must be in writing, signed by the testator, and witnessed by two competent adults who are present at the same time. The testator must have testamentary capacity and sign voluntarily. Following these formalities reduces the likelihood of challenges during probate and helps ensure the document is admitted to court. For specific family situations and capacity concerns, clients should document intent clearly and consider legal counsel to confirm compliance with statutory requirements.
Beneficiary designations on retirement accounts and life insurance typically override conflicting wills because those assets pass by contract designation outside probate. Joint accounts with rights of survivorship transfer directly to the surviving owner. When planning, it is important to coordinate wills with these nonprobate transfers so your overall estate plan reflects your intentions for all asset types. Periodic reviews ensure beneficiary designations remain current and consistent with testamentary goals.
Yes, a will is the primary document to nominate a guardian for minor children, providing the court with parental preference when appointing a caregiver. Naming a guardian and an alternative helps ensure the child’s care aligns with parental wishes. It is also helpful to communicate your choices with the nominated guardians and include guidance on financial management or educational priorities to ease transition and administration.
If you die without a valid will, intestacy rules under Virginia law determine how assets are distributed among surviving relatives, which may not match your preferences. The court will appoint a personal representative to administer the estate, and guardianship for minors may be decided without parental directives. Creating a will avoids the state default scheme and allows you to control distributions and guardian choices.
Review your will after major life events like marriage, divorce, births, deaths, or significant asset changes to ensure it still reflects current circumstances. A periodic review every few years is also prudent because changes in law or family structure can affect your plan. Prompt updates prevent unintended dispositions and ensure fiduciary appointments remain appropriate.
Wills can be contested on grounds such as lack of testamentary capacity, undue influence, or improper execution. Clear documentation of intent, proper execution with required witnesses, and involving independent legal guidance reduce the risk of successful contests. While contests are possible, well-drafted and properly executed wills are more likely to be upheld by the probate court.
Even with a trust or joint ownership, a will remains useful to address assets not transferred by other means and to name guardians for minors. A pour-over will can direct any remaining assets into an existing trust. Coordinating trust terms, account ownership, and beneficiary designations ensures a seamless plan that minimizes unintended probate or distribution gaps.
Choose a personal representative who is organized, trustworthy, and willing to fulfill fiduciary duties, including filing documents, paying debts, and distributing assets. Consider geographic proximity, familiarity with family dynamics, and willingness to engage with courts and financial institutions. Naming a successor representative provides continuity if the first choice cannot serve when needed.
Store the original will in a safe but accessible place and tell the personal representative and close family where it is kept. Options include a safe deposit box, a secure home safe, or with the attorney who prepared the will. Avoid hiding the document so it can be promptly located and filed with the probate court to start administration without delay.
A will does not generally avoid probate for assets that pass under its terms, nor does it by itself reduce estate taxes. Certain assets transferred by beneficiary designation or trust arrangements pass outside probate. For tax planning or probate avoidance, additional tools such as trusts or beneficiary planning may be required to achieve privacy, speed, or tax objectives tailored to your circumstances.
