A Virginia Last Will and Testament is a Legal document by which the people of Virginia may distribute their estate (personal belongings, real estate, bank accounts, money, etc.) among their loved ones as per their wish. This document will be effective only after the death of the testator (A testator is a person who creates the Will).
Once you have downloaded this DIY Last Will and Testament template for Virginia;
- Fill it out and validate your will as per your state laws.
- If it feels overwhelming you can try TrulyWill, where you can do it yourself with the help of guide questions and support to answer your queries. You can also book an attorney if you need specific legal advice for a nominal fee.
- Use the platform to come back and update your will as per your convenience.
This template will assist you to make a Will with an easy estate plan. If you've got a high net worth or the other complex issues in your personal or financial life; you might want to discuss it with one of our attorneys to avoid your Will from being rejected by the court at a later stage.
In addition to this, below, you'll find all the relevant information about the legal requirements for creatinga legitimate last Will in Virginia along side the commonly asked questions.
Testator’s requirements:
In Virginia, any person who is 18 years of age or more and is of sound mind may make a Will.
A person is said to be of sound mind if they are able to understand the nature of the conduct they are engaging in and can tell the difference between right and wrong.
In other words, you must be aware of the property you own, the beneficiaries you have named in your Will, and the fact that you are preparing a Will.
Signature Requirements in Will:
Every Will must be signed by the Testator and at least 2 witnesses who may be interested witnesses and they must sign the Will in the presence of the testator and in the presence of each other.
Note - There are various exceptions and special rules but these are the standard requirements for Virginia Wills.
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Stepwise procedure on what to include in the Last Will and Testament for Virginia.
STEP 1: List your Assets.
Make a list of everything you own, including both tangible and intangible assets, first. Your personal belongings, real estate, bank accounts, jewelry, and life insurance policies may all fall under this category.
This will help you understand which asset will be transferred through your Will or other modes.
STEP 2: Choose Beneficiaries.
A beneficiary is a living individual or a legal body (such as a trust or an organisation) to whom your will leaves property. You can name any anyone as a beneficiary of your will, including members of your family, friends, and other relations.
Additionally, you have the freedom to remove any family member, child, or spouse from your will at any time. It is suggested that you get legal assistance for this.
STEP 3: Choose an Executive/Personal representative.
Always choose a person who is trustworthy, credible, and responsible as your personal representative as he/she has a lot of authority over your assets after your death.
These include:
- Paying your debts.
- Paying funeral expenses.
- Distribution of assets among beneficiaries.
- Appointing attorneys to assist in probate.
STEP 4: Choose a Guardian for your minor children.
You can name a person who will look after the minor children after the death of the testator. This includes food, shelter, education, and medical care. Guardianship of a minor terminates when the minor attains the age of 18 years.
STEP 5: Signature of Testator and Witnesses.
After writing everything in your Will, you need to sign it along with 2 witnesses. These witnesses are also required to sign your Will to make it a valid one.
STEP 6: Store your Will in a safe place.
After completing all the above formalities to make a will, you must keep it in a safe place to prevent it from being lost or stolen. We recommend that you give copies of your Will to all beneficiaries and executors so that they are aware of the fact that you have created a Will. Finding a Will would be difficult if you die suddenly. It is also possible that they will never know that you had a Will either. So it is very important to inform about it to your heirs/beneficiaries.
You can also use TrulyWill’s platform to store your Wills and review it anytime, anywhere.
STEP 7: Review your Will periodically
Making a will is insufficient if you have not revised it after any significant life events. The decisions made previously in the Will are likely to change as a result of events like marriage, divorce, births, and deaths, therefore it is crucial to update it appropriately to prevent any burden on you and your family members in the future.
You may also look for the Advance Healthcare Directives in Virginia.
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