What is a will?

A will, or last will and testament, is a legal document that allows you to instruct how your assets and property will be distributed upon your death. In the document, you can name an executor who will be responsible for carrying out your wishes, as well as appoint guardians for your minor children. A will is the legal way to ensure that your estate is divided in a way that you decide, instead of allowing the courts to decide on your behalf. In Virginia, a will must be written, witnessed and signed by the testator (the person making the will) and two witnesses. The witnesses must be present when the testator signs the document as well as when the other witness signs it. Additionally, the two witnesses must be eighteen years of age or older and must not be named as beneficiaries in the will. If the will does not meet these requirements, then it may not be valid. A will is a powerful and important document, and it is best to seek the advice of a probate lawyer to ensure that your will is written correctly to meet the legal requirements in Virginia. A will allows you to take control of your estate and determine how your possessions and property should be distributed when you pass away.

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