What are the requirements for a valid will?

In Virginia, there are certain requirements for a valid will. Generally speaking, for any will to be valid it must be in writing, signed by the individual making the will, and attested to by at least two witnesses. When it comes to signing the will, the individual must have the mental capacity to understand what the document is and what effect it will have on their estate. The signing must be done voluntarily and without coercion or duress. The person must also be of a certain age in order to make a will. In Virginia this age is 18. The two witnesses must also be of legal age in Virginia, which is also 18. The witnesses must sign the will in the presence of the testator, which is the individual making the will, and in the presence of each other. Finally, a will must be in writing, meaning it cannot be oral. Although it is not necessary to have a lawyer to make a will, it is always best practice to consult one when creating estate documents. Having a lawyer’s assistance helps ensure the will is valid and protects your wishes.

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