A Will is a gift of reassurance to those you leave behind. Without a Will, you may place unnecessary burdens on those who will care for your estate. Don’t leave anything up to Virginia, you can provide assurance to your loved ones knowing they are carrying out your wishes the way you want.

1. Introduction

   Planning your financial affairs during your life and at your death - is a very personal and individual matter. You're planning life after you die, and the only silver lining is that you can control what happens to you and your assets when you're gone. Your Will explains how you want your estate to be distributed at your death. It should be updated from time to time, and you can amend the terms of your Will or revoke a previous Will when you need to. Your Will is only effective at your death, and it's best to have one made while you're mentally competent, alive, and have the time to set things the way you want.

2. Who can make a will?

   Anyone who is mentally competent and at least 18 years old can make a Will.

3. Who should have a will and why?

   Everyone above the age of 18 should have a will for just some of the following reasons: Direct how you want your property divided at death; No matter what size your estate is, you need to have a Will so that your wishes are followed. Don't assume that your loved ones will receive the benefit of your estate in the matter you intend unless you have a Will. You can name the person you want to handle your estate ("executor" / "personal representative"); You can reduce expenses of administering your estate and taxes; You can nominate a guardian for your minor children; If you have minor children, it's important to designate in your Will who you would nominate to replace you in this important role. Without a Will, the Virginia Code dictates who would be appointed guardian, and it may not be who you'd want/or have chosen. You can provide a trust for the support and education of your children without the necessity of costly court proceedings.

4. Must a will be witnessed? Must it be notarized?

   In general, a Will has to be witnessed by two competent people who must also sign in front of the testator. An exception to the witness requirement is made if the testator writes out his or her own Will in their own handwriting and signs and dates it. That type of Will is called a holographic Will. For a holographic Will, as long as at least two disinterested witnesses prove its authenticity it will be valid. These types of wills are typically used in cases of an emergency where the testator doesn't have time to make a more formal will. Holographic Wills must be signed by the testator. It does not need to be witnessed; however two (2) people have to be able to testify that it is in that person's handwriting. It would be wise to have at least two (2) people witness at least the signature and to have them also sign each page of the will. Although Virginia law does not require a Will to be notarized, for a holographic Will it is a highly recommended practice. If it is notarized, it's the self proving affidavit that presumes it's done properly and you don't need the witnesses to then testify that it is their signature. Without the self-proving affidavit included with the notarization its strength will be at question.

5. How long is a Will valid?

   A Will is valid until the testator revokes it. Generally this will happen by physical destruction (i.e. tearing or burning it up) or by signing a superseding Will or written revocation. However, if you get divorced after signing a Will, Virginia law in most cases will consider the Will partially revoked with respect to your ex-spouse. Also, if you are married, your spouse may have rights in your estate regardless of what is provided in your Will.

6. What happens if I don't have a Will?

   If you die without a Will, it's called dying "intestate". Virginia law governs the distribution of your property if this happens. Your bills and final expenses are paid (from your personal property) and whatever you have left will be distributed in accordance with state law. In Virginia there is a lengthy process which will specifically divide your estate depending on who has survived you. There are eleven (11) total steps set forth in the Virginia Code; but don't let it come to this. The best reason to have a will is to let YOU dictate how you want things divided.

7. Can I "cut-out" certain family members from inheriting any property?

   Yes, but there are certain limits. Virginia law does protect children and/or spouse from being left out of a Will and provides protection for these types of individuals to claim a certain share. So, in short, in certain situations, it may not be possible to cut out someone out entirely.

8. What We Suggest:

   Decide the general plan you wish to have, and then contact the attorneys of Kondori, Moorad & Niesen, L.L.P. to put that plan in motion. We will work with you to discuss both short and long term goals - as well how to best implement the Will and Estate Plan you want. Take these four steps to save time and help assure a sound result when meeting with us: List your assets: List in reasonable detail all your property (real and personal); life insurance; retirement plans; stocks; and other money accounts and their values. Determine the current title on each asset, including beneficiaries so that we are able to review and help you designate who gets what. List your liabilities: List all debts and obligations, including principal amounts, payees, and essential terms. List your family members/persons/organizations: Who would obtain any of your assets? Who might be an appropriate executor, trustee (for managing assets for the benefit of younger beneficiaries), or the guardian for your minor children if need be. Decide what you want: Figure out what your objectives are and to whom you want your assets distributed to. A Will is a gift of reassurance to those you leave behind. Without a Will, you may place unnecessary burdens on those who will care for your estate. Don't leave anything up to the Virginia Code, you can provide assurance to your loved ones knowing that they are carrying out your wishes the way you want. At Kondori, Moorad & Niesen, L.L.P., we have years of experience in drafting Wills, Trusts and creating Estate Plans for our clients. We are here for you to help you accomplish your goals.