Making a last will and testament is one of the most important steps a person can take to protect their loved ones and property. A will can help ensure that your assets are distributed in the way you want, and that your loved ones are taken care of after you die. But what happens if you die without a will in Virginia? In Virginia, the laws of intestate succession determine how a person's property is distributed after they die without a will. These laws are based on the order of priority set out in the Virginia Code. The first priority is given to the surviving spouse, followed by the children, parents, and then other relatives. If there are no surviving relatives, the property goes to the state. This can often result in a distribution of property that is not in accordance with the deceased person's wishes. For example, if a person dies without a will and leaves their entire estate to their spouse, the spouse may not be able to afford to maintain the property on their own. Alternatively, if a person dies without a will and leaves their estate to their children, the children may not be able to manage the property or may not want to inherit it. A last will and testament can help avoid these problems by allowing you to distribute your property in the way you want. It can also help ensure that your loved ones are taken care of after you die. If you are interested in making a will, you should speak to an attorney who can help you draft a will that meets your specific needs.
Virginia Last Will Facts
Virginia directives remain to promise that writing your last will and testament is a lawful and painless process. In this fashion, you are certain that your form is permissible. What instructions does Virginia need to draft a final will? Firstly, disposition to craft Virginia's last will should be ascertained. In the event of suggestions of compulsion in the action, the final will and testament can be contested and depicted as invalid. Additionally, the mental health of the testator must be definite. If you are immensely tormented or heavily drugged, you mustn’t formulate your final will. To add to that, the testator must have cognition of their doing. This implies that the testator should be eager about the action. For the avoidance of doubt, the declaration is inserted at the top of the last will and testament. Following are other essential details needed when crafting a Virginia last will:
Types of will not allowed - oral wills (§ 64.2-403. Execution of wills; requirements).
What If I Die Without a Will in Virginia?
Not considering the relevance of a will, folks refuse the proposal and breathe their last without one. A state of intestacy is when an individual passes on minus a valid testament. When this ensues, the estate is shared in accordance with the state’s intestacy regulations. The local probate court will then name a guardian for the inheritance and take care of the estate division. Essentially, the expired person’s assets sharing hinges on if they are married or not, and their successors.
There are circumstances when married folks breathe their last without a last will and testament where Virginia does not identify with community property. In such a case, the existent marriage partner becomes the owner of the entire intestate investments. This is valid if your marriage had children. Supposing you got kids but the spouse is no longer alive? By chance your significant other died leaving behind heirs, the legacy is bequeathed to them. In the absence of kids and companions, your parents inherit you. Your brother and sisters, nieces, and nephews will get your estate in case you have no living kids, parents, or better half. The furthest in the line of succession are grandparents, uncles, aunts, and distant relations.
In circumstances where there is no individual to declare interest in the belongings (including children, spouses, and relatives), they go to the state.
What Should My Will Include?
After becoming aware of the benefits and requisites of Virginia's final wills and testaments, we should deliberate the major elements of the final will and testament. The testator is called upon to make certify the facts below are in the last will.
Testator’s Details
If you utilize Virginia will template, the intent is actually noted on it. Keep in mind to state whether you are hitched or unattached, plus the number of kids.
Beneficiaries Information
Among the critical elements of writing your final will and testament is mentioning the successors and what they will get. Attach the official name of every beneficiary, plus where they stay and what they will get.
Appointment of Executor
Another critical process is selecting the trustee of the last will. This figure is also known by the name personal representative and their work is to ensure the final will and testament is followed expressly. Taking into account the essential duty of the trustee, an honest individual should have this post. The only caveat is that they can’t be heirs to the property.
Appointment of Guardians
It makes sense to assign a custodian if your parents are old and if you have heirs and animal companions. The agent will cater to their interests. At times it happens the primary executor fails to accomplish their responsibilities and a proxy is appointed.
Witnesses
The unique particulars and home addresses of the witnesses are necessary. Establish that the official names and dwelling places are included.
Execution Details
The will should mention the date and venue. You and the witnesses are supposed to append signatures on the date.
Other Details
Among other aspects that a Virginia last will and testament can include are funeral directions, selected digital trustee, and any testator desires. Essentially, writing a legitimate last will and testament is a remarkable manner to ensure your inheritance is shared in line with your desires.
