How do I know if someone has made a valid will?

In Virginia, a will is valid only if it is in writing, signed by the person who made the will (the testator), and witnessed by two people. For it to be recognized as legally valid, the will must also comply with other formal requirements, such as provisions for guardianship of a minor child, specific cash gifts to specific individuals, and/or the appointment of an executor. In addition, all of the testator’s assets must be disposed of consistent with the will. If the testator has not met all of the formal requirements of will making, the potential beneficiaries (those who would otherwise be entitled to receive something from the testator) can challenge the validity of the will in court. If the court decides that the will is not valid, then the testator’s estate will be distributed according to the laws of Virginia. In order to ensure that a will is valid, the testator should consult an attorney who specializes in wills and probate law. An experienced attorney can help the testator understand the applicable laws and ensure that all of the requirements of will-making are met. Additionally, the testator should provide a copy of the will to the attorney for keeping in a secure place, in case it is needed in the future.

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