Virginia Last Will and Testament Form

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Virginia Last Will and Testament: What Is It?

In Virginia, a Last Will and Testament is a legal document that transfers someone's assets to their beneficiaries once they die. Testators use a Will as a means of protecting their assets and ensuring that their belongings go to the people they intend them to. In Virginia, this document must be notarized and signed by two Witnesses in the presence of the Testator.

Virginia Last Will Laws

Definition of Will - §64.2-100

Laws - Title 64.2 Wills (Wills, Trusts, and Fiduciaries)

Witnesses - According to §64.2-403, the Will, in order to be valid:

  • If a Will is handwritten by the Testator, it must be signed by two (2) non-beneficiary Witnesses
  • If a Will is not handwritten by the Testator, then it must be signed by two (2) witnesses in the presence of one another (including the Testator).

Writing your Will in Virginia

  • Establish the Testator:
    • Name
    • City of residence
    • County of residence
    • Gender

  • State your marital status
  • Provide details on pets, property, children and life insurance
    • Pets - Names
    • Property - Addresses
    • Children - Names, living status, and whether or not they will be named as beneficiaries
    • Life Insurance - Company name, contact information and policy information/policy number
  • Specify children’s inheritance
  • Specify a Trust for someone who requires special care
  • State age brackets on children’s inheritance
    • When benefits begin
    • When benefits end
    • What portion will be received
  • Give information on the funeral home
    • Name
    • Address of funeral home
  • Declare any last meal specifications
  • Appoint your Executor
    • Name
    • Relationship to you
  • Appoint your Trustee
    • Name
    • Relationship to you
  • Appoint your Digital Executor
    • Name
    • Relationship to you
  • Appoint a guardian for your children
    • Name
    • Relationship to you
  • Include additional beneficiaries
    • Name
    • Relationship to you
    • Inheritance amount, percentage, or item
  • Name disinherited individuals
    • Name
    • Relationship to you
  • Information on witnesses
    • Name
    • Address
    • Full Address

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