Virginia Wills FAQ's

1. Q. We had Wills executed in another state.  Should we have them reviewed for compliance with Virginia law?

    A. Yes.  Although many of the laws in various states are similar regarding the execution of a Will, there are just as many laws that differ from state to state.  Our office will provide a free review of your Will.

 

2. Q. Our Wills are more than five years old. Should we have them reviewed?

    A. Yes.  It has been suggested that Wills should be reviewed at least every five years as our legislature does change laws regarding Wills from time to time.

 

3. Q. Who gets my property if I do not have a Will?

    A. If you die without a Will, you are deemed to have died "intestate" (a fancy word for dying without a Will). If you die intestate, Virginia law dictates who will become the owner of your property (the law of intestate succession).  For instance, did you know that if you are married, but have children who are not also your spouse's children, then your spouse is not entitled to your entire estate under Virginia's law of intestate succession?  Again, our office would be happy to review your individual circumstances to determine who would be the recipient of your property upon your death.

 

4. Q. We own everything in survivorship.  Do we need a Will?

    A. Yes.  Although you have most, or all of your major assets titled in some form of survivorship, this still will not help determine who will succeed to the ownership of your property in the case of a simultaneous death.  Also, a surviving spouse may be unable to write a Will upon the death of the first spouse for reasons such as mental competency.

 

5. Q. Who should I nominate as my Executor?

    A. We suggest that your executor be an individual who you believe will be able to handle your estate in a business-like fashion and be someone who you trust. A non-resident may act as  your executor, however, they will be required to appoint a statutory Virginia agent and give surety on their bond. You may also want to nominate an alternate executor.

 

6. Q. Can I write my own Will?

    A. You can, but we don't suggest that you do so.  Virginia law allows for "holographic" Wills, which are Wills written in the testator's own handwriting, however, there are many ways in which the person making the Will can cause the Will to be invalid.  We suggest that a Will be drafted by a lawyer and that the Will be formally executed before witnesses and a notary public.

 

7. Q. Where is the best place to keep my Will?

    A. It is not as important where you keep your Will as long as you keep it in a safe place.  Virginia law allows certain individuals  to enter a bank's safety deposit box to retrieve a Will.

 

8. Q. Are there any other basic planning documents that I need?

    A. Our office suggest two documents in addition to your Will: an Advance Medical Directive and a Durable Power of Attorney. An Advance Medical Directive, also known as a "Living Will", establishes your intent not to have your life artificially prolonged by the application of life-prolonging procedures.  It also allows you to appoint a "medical" agent to make medical decisions for you in the case where you are unable to do so.  A durable power of attorney allows you to appoint an agent who would take care of business and financial issues for you in the case of your incapacity.  This may be an important document that would allow for the avoidance of expensive and time-consuming guardianship proceedings.