Every resident of Virginia who is at least 18 years old is usually advised to write a last will and testament Virginia. This is because without it, the state inheritance laws determine how their assets will be shared after their demise. In other words, without a last will and testament, the individual’s assets will be at the mercy of the state. Virginia determines who takes what using a priority system.
Name of the guardian who will look after your minor child.
- Name of the testator.
- A signature and date on which the document is signed.
- The sign of two witnesses.
- Name of the person who will look after your property.
- Name of the guardian who will look after your minor child.
What Is a Virginia Last Will And Testament & How Does It Work?
A Virginia last will and testament is a signed writing by a testator that dictates how their properties should be shared after they die. The laws of the state allows any of its residents who is at least 18 years old and mentally competent to write a last will. Virginia law strictly defines this last will as any codicil, testament or exercise of a power of appointment by will or by a writing in the nature of a will, or any other testamentary disposition.
Unlike a living will or power of attorney, a last will does not become effective till the testator dies. A will can also be revised at any time while the testator is still alive and mentally sound.
All the laws guiding the writing and execution of a last will and testament in Virginia are stated in Title 64.2 of the Code of Virginia.
Assert your authority with the last will and testament Virginia template and declare the division of your property.
With our free and customizable Virginia last will and testament template, drafting a will in Virginia is simple. The template can be downloaded and signed in only a few minutes.
Legal Requirements of Virginia Wills
The legal requirements to be met before Virginia wills are seen as valid can be placed into four categories namely mental capacity, age requirement, witness requirement and writing requirement
Age requirement
A resident of Virginia can create a last will once they have attained the age of 18. This is to ensure that minors are not taken advantage of.
Mental capacity
The testator must be of sound mind at the time of writing the will before a Virginia will and testament is considered legally. This is done to ensure that mentally unstable residents are not taken advantage of.
Writing requirement
According to the state’s laws, Virginia wills are not considered valid “unless it is in writing and signed by the testator, or by some person in the testator’s presence and by his direction.” Oral wills are not valid in Virginia.
Witness requirement
The testator must have at least two witnesses present when signing the will. Notarizing the will is not a requirement but is usually recommended.
The Importance of Writing a Virginia Last Will and Testament
A Virginia last will and testament is important for the following reasons:
- It gives the testators an opportunity to share their assets on their own terms
- The testator is also allowed to name a guardian for his or her minor children
- Using this legal instrument, a testator can dictate when his or her minor children can begin to lay claim to their benefits and when they can no longer do.
- It reduces the costs of administering the testator’s estate
- It can be used to create a trust for the support and education of the testator’s children
Assert your authority with the last will and testament Virginia template and declare the division of your property.
With our free and customizable Virginia last will and testament template, drafting a will in Virginia is simple. The template can be downloaded and signed in only a few minutes.
How to Write, Change and Revoke a Last Will and Testament in Virginia?
A last will and testament template can be filled and executed in the following few steps:
- The testators establish their ownership of the form by filling their names at the top of the last will and testament template virginia.
- They must then appoint a suitable executor
- The testators must list all the assets to be shared
- The will should provide the details of all the beneficiaries and the percentages of all the listed assets allotted to them
- The will must carry the signature of both the testators and the witnesses
- The will can then be notarized by a commissioned notary.
One can revoke his or her will at any time deemed fit. This can be done by:
- Cutting, burning, tearing, cancelling or destroying any part of the written will with the intent to revoke its powers
- Ordering someone to tear, burn or destroy the will
- Writing a new will that clearly states that it is revoking the old will
If the listed beneficiary is a spouse and both the testator and spouse are divorced or the court determines that the marriage is not legal, the law revokes any language that allocates any property to the divorced spouse or names that spouse as an executor to the will.
The only exception is when the testator writes a divorce decree that clearly states that the divorce should not affect any provision in the will.
It can be revoked by filling a codicil and executing the same way a will is done.
Drafting a will in Virginia is as easy as downloading a Virginia will template, filling it and signing it in the presence of some witnesses. You can get these templates and va eforms for free on CocoSign platform.
DOCUMENT PREVIEW
Virginia Last Will and Testamentof
___________________________________
Pursuant to Title 64.2 (Wills, Trusts, and Fiduciaries)
I, ________________________, resident in the City of ____________________, County of ____________________, State of Virginia being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me.
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EXPENSES & TAXES
I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.
I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.
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PERSONAL REPRESENTATIVE
I nominate and appoint ________________________, of ___________________________, County of ________________________, State of ______________________________ as Personal Representative of my estate and I request that (he/she) be appointed temporary Personal Representative if (he/she) applies. If my Personal Representative fails or ceases to so serve, then I nominate _____________________________of __________________________, County of ____________________________, State of ______________________ to serve.
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DISPOSITION OF PROPERTY
I devise and bequeath my property, both real and personal and wherever situated, as follows:
1st Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
2nd Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
3rd Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
If any of my beneficiaries have pre-deceased me, then any property that they would have received if they had not pre-deceased me shall be distributed in equal shares to the remaining beneficiaries.
If any of my property cannot be readily sold and distributed, then it may be donated to any charitable organization or organizations of my Personal Representative’s choice. If any property cannot be readily sold or donated, my Personal Representative may, without liability, dispose of such property as my Personal Representative may deem appropriate. I authorize my Personal Representative to pay as an administration expense of my estate the expense of selling, advertising for sale, packing, shipping, insuring and delivering such property.
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OMISSION
Except to the extent that I have included them in this Will, I have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.
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BOND
No bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will, or if a bond is required by law, then no surety will be required on such bond.
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DISCRETIONARY POWERS OF PERSONAL REPRESENTATIVE
My Personal Representative, shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:
A. To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative and regardless of the extent of diversification of the assets held hereunder.
B. To sell and to grant options to purchase all or any part of my estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as my Personal Representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.
C. To lease any real estate for terms and conditions as my Personal Representative deems advisable, including the granting of options to renew, options to extend the term or terms, and options to purchase.
D. To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted in favor of or against me, my estate or my Personal Representative.
E. To make any separation into shares in whole or in part in kind and at values determined by my Personal Representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.
F. To make such elections under the tax laws as my Personal Representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.
G. To make any elections permitted under any pension, profit sharing, employee stock ownership or other benefit plan.
H. To employ others in connection with the administration of my estate, including legal counsel, investment advisors, brokers, accountants and agents and to pay reasonable compensation in addition to my Personal Representative’s compensation.
I. To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.
J. To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. My Personal Representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to my Personal Representative or trustee shall be held to see to the application of such property.
K. My Personal Representative shall also in his or her absolute discretion determine the allocation of any GST exemption available to me at my death to property passing under this Will or otherwise. The determination of my Personal Representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.
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CONTESTING BENEFICIARY
If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.
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GUARDIAN AD LITEM NOT REQUIRED
I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.
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GENDER
Whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.
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ASSIGNMENT
The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.
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GOVERNING LAW
This document shall be governed by the laws in the State of Virginia.
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BINDING ARRANGEMENT
Any decision by my Personal Representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to my Executor’s own willful default or gross negligence, no Executor shall be liable for said Executor’s acts or omissions or those of any co‑Executor or prior Executor.
I, the undersigned ________________________, do hereby declare that I sign and execute this instrument as my last Will, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, on this ____ day of ________________, 20____.
________________________________ ___________________________________
Testator Signature Testator (Printed Name)
The foregoing instrument, was on this ____ day of ________________, 20____, subscribed on each page and at the end thereof by ________________________, the above-named Testator, and by (him/her) signed, sealed, published and declared to be (his/her) LAST WILL AND TESTAMENT, in the presence of us and each of us, who thereupon, at (his/her) request, in (his/her) presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.
________________________________ ___________________________________
Witness Signature Address
________________________________ ___________________________________
Witness Signature Address
TESTAMENTARY AFFIDAVIT
STATE OF ____________________
COUNTY OF __________________, SS.
Before me, the undersigned authority, on this day personally appeared ___________, testator, ____________________, witness and ___________________, witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator’s last will and that the testator has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.
______________________________ ______________________________
Testator Signature Witness Signature
______________________________ Witness Signature
Subscribed and sworn to before me by the said testator and the said witnesses, this
____ day of ________________, 20____.
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Notary Public
My Commission expires:
