Are there any limitations on what I can give away in a will?

Yes, there are limits to what you can give away in a will in Virginia. Generally, you are allowed to give away any type of property or assets in a will. However, Virginia probate law dictates that you must leave certain items of your estate to certain people. This is known as “forced heirship.” For example, if you are survived by a spouse and children, you must leave your spouse at least one-third of your estate. You must also leave your children at least one-half of the remaining portion of your estate. In addition to the “forced heirship” requirements, you may include provisions in your will that limit the beneficiaries of your estate. Such provisions are commonly referred to as “forfeiture provisions.” These provisions can limit beneficiaries’ rights to an inheritance if they fail to meet certain criteria you set, such as commission of a crime or entering into a marriage without your consent. Finally, you may also include provisions in your will that limit how much of your estate is to be distributed to each beneficiary. You may specify that each beneficiary should receive a certain percentage of your estate or a set dollar amount. In summary, there are a few limitations on what you can give away in a will in Virginia. This includes the “forced heirship” provisions which dictate that you must leave certain items to certain people and the “forfeiture provisions” which limit beneficiaries’ rights to an inheritance. You may also include provisions that limit how much of your estate is to be distributed to each beneficiary.

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