A last will is a crucial and legal instrument that represents the final wishes of a testator regarding their private property and assets and the way they’d wish them to be distributed to selected heirs.
Writing a last will and testament can be a prudent option for anybody who would like to steer clear of disagreements and misunderstandings. A thought-out and appropriately written will can be vital to the ones you love and relations upon your passing even when you do not have lots of assets.
On this page, you can download a free Virginia last will and testament form that you can fill in and print out. Also, below, you can find lots of information related to the will preparation process and common questions.
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|Statutes||Title 64.2 – Wills, Trusts, and Fiduciaries; Chapter 4 – Wills|
|Signing requirement||Two witnesses||§ 64.2-403. Execution of wills; requirements|
|Age of testator||18 or older or an emancipated minor||§ 64.2-401. Who may make a will; what estate may be disposed of|
|Age of witnesses||18 or older||§ 64.2-403. Execution of wills; requirements|
|Self-proving wills||Allowed||§ 64.2-452. How will may be made self-proved; affidavits of witnesses|
|Handwritten wills||Recognized if meeting certain conditions||§ 64.2-403. Execution of wills; requirements|
|Oral wills||Not recognized|
|Holographic wills||Recognized if meeting certain conditions|
|Depositing a will||Possible with the clerk of the Virginia county circuit court A fee is $30||§ 64.2-409. Wills of living persons lodged for safekeeping with clerks of certain courts|
The primary difference between these two documents is that as soon as you die, the agent you appoint via power of attorney loses their legal authority to handle any matters instead of you.
There are two primary ones on the list of power of attorney varieties:
An executor is someone you establish in the last will and testament to take care of your matters once you depart this life. One person can be both your will’s executor and power of attorney proxy.
Virginia law says that a last will is valid without having a notary public certify it. However, in case you want to attach a self-proving affidavit to your will, you will need to notarize it. Making your will self-proving is actually a great option since it speeds up the probate and gives another layer of certainty if your will’s credibility is doubted.
A holographic last will is handwritten. To be effective, the document has to be wholly in the handwriting of the testator and dated and signed by him or her. But, these last wills are typically thought of as a short-term alternative. You would like to substitute this kind of will by creating an attested one when you can by getting a lawyer’s support or a fillable template. A properly detailed will can be far better for the future probate process since holographic last wills might contain unclear conditions that can hinder the probate and make it more costly and/or harder to put in force.
An attested last will is generally typewritten because it is commonly made by an attorney or is based upon a last will template, like the one you can get here. You would need to have two witnesses (18 years or older) sign the last will and testament in your presence for it to be regarded as valid. In some states, you would have to notarize the document as well, but in Virginia, it’s not mandatory.
The testator has to fulfill testamentary capacity prerequisites in order to write and change their last will, which includes being of sound mind. There are usually two requirements to fulfill: age and soundness of mind. In the majority of states, you must be over 18 years old in order to create a will. Soundness of mind implies that you’re conscious of your property and the beneficiaries of your assets and understand the aftereffects of your doings fully.
No, in Virginia, there isn’t such a requirement. Still, attaching one could be rather beneficial because it removes the demand for witnesses testimony during probate, which eases the procedure significantly.
In Virginia, there’s no such term as community or marital property. Thus, it is not required that all belongings gathered or improved in the marriage have to be equally devolved to each of the spouses.
In Virginia, you’ll be able to disinherit your marriage partner, yet the latter will have the right to own some minimum number of your possessions.
Besides your spouse, Virginia law permits you to disinherit any other member of the family. With the addition of particular disinheritance paragraphs to your last will and testament, you can cut off your children (those of 18 years and above) or other family members from receiving any of the possessions.
No, the will can be changed only by a testator. Another person can only sign the will when you’re physically incapable of doing it.
Yes, you can do that. In Virginia, in case you have not signed a contract that indicates otherwise, you are allowed to annul or adjust your last will and testament at any moment.
Also, it is a good idea to review your last will as you go through a significant life event, including:
Virginia law states that a will can be accepted in case it is lost or destroyed. Although, just the original of the last will may be admitted by the probate court.
Virginia law gives an assumption that the will’s absence implies it was repealed. That places the responsibility on the proponent of the will to present proof of the stated will.
For holographic last wills, the process can become far more difficult as sworn witnesses and testimony will be required. The reason for not producing the last will and its details is to be explained too.
In accordance with Virginia Estate Code, it’s possible for an individual to sign his or her last will and testament provided that it is your (as a testator) instruction and with you present. You can give a special instruction in several ways that include oral communication, a positive response to a query, or gestures.
A notary is allowed to sign the testator’s name if the latter isn’t able to do it due to a physical disability. The notary must be instructed to perform so in the presence of a witness. It is worth mentioning that these witnesses are not allowed to have an interest (equitable or legal) in any properties and assets being the focus or impacted by this document (the will).
|Related documents||Cases when you may need to create one|
|Codicil||There are some slight modifications you’d like to make to your will.|
|Self-proving affidavit||You would like to avoid possible difficulties in the probate court.|
|Living will||You would like to declare your wishes about the end-of-life medical treatment and life-prolonging procedures.|
|Living trust||You want to consider an alternative to a will.|