Virginia Last Will and Testament

What is a Last Will and Testament?

A Last Will and Testament is a legal document in which you, the testator, state who should inherit your property, who will manage your estate as executor, and who should care for your minor children after your death.

Without a valid will, state intestacy laws decide who inherits your estate, which may not match your wishes. A will puts those decisions back in your hands.

When do you need one?

Every adult benefits from having a will, but it becomes especially important at key life moments:

• Getting married, divorced, or entering a long-term partnership
• Having or adopting children and naming a guardian for them
• Buying a home or building up meaningful savings and property
• Starting or owning a business you want to pass on in an orderly way
• Wanting to leave specific gifts to family, friends, or charities

Types of wills

The right type depends on your family situation and how you want your estate handled. Common forms include:

• Simple will: one testator states beneficiaries, gifts, and an executor
• Joint or mirror wills: spouses make matching wills, such as the German Berliner Testament, naming each other as sole heir
• Pour-over will: works alongside a living trust and moves remaining assets into it
• Holographic will: handwritten and unwitnessed, only recognized in some states

What to include

A complete will leaves no room for doubt about who gets what and who is in charge. Make sure yours covers:

• Your full legal name and a statement revoking all prior wills
• An executor, plus a successor in case your first choice cannot serve
• Beneficiaries and the specific gifts or shares each should receive
• A residuary clause covering everything not specifically listed
• A guardian for minor children, if you have any
• Signatures and the witnesses your state requires

State rules and witnesses

Requirements vary by state. Most states require you to sign the will in front of two adult witnesses, and some allow a notarized self-proving affidavit that speeds up probate later.

Tell us where you live and we tailor the document to that state's requirements, so you are not left guessing which version you need.

Common mistakes to avoid

• Skipping the witnesses or formalities your state requires
• Forgetting a residuary clause for property you did not list
• Not naming a backup executor or guardian
• Leaving an old will in place after marriage, divorce, or a new child
• Storing the only copy where your executor cannot find it