Virginia Last Will & Testament Information
A Virginia Last Will & Testament includes the following requirements:
The testator must be eighteen years old or older.
They must also be of ‘sound mind’.
The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence).
The signing of the Will requires at least two witnesses in order to make it valid.
Another requirement to make the Will valid is that it must be in written format.
Virginia law does not limit the class of beneficiaries who may be included in a will..
If you die without a will in Virginia, it means the assets are passed onto the surviving spouse unless there are children who are not also the children of the surviving spouse. In this case, the spouse is entitled to ⅓ of the estate and children are given ⅔. In the event of no surviving spouse, the deceased’s children will get the entire estate.
Virginia also permit assets to be distributed after being proven in probate, which is where the court takes part in this process. Once debts and taxes are paid off on the estate, the assets may be divided.
Additionally, Virginia recognizes handwritten (holographic) wills as official and valid legal documents. In order to prove one of these, two witnesses who are disinterested in the matter must appear in probate court to vouch for the authenticity of the handwriting.
Click here if you have any questions about creating a last will in Virginia.