Last Will & Testaments

The most difficult document to execute properly is a Last Will & Testament. In addition, because Wills may pass a lifetime of earnings to a persons most cherished loved ones, it is also the most important. 

Amazingly, many people fail to execute a Last Will & Testament or fail to hire an attorney to draft the document. Unless you are a competent estate planning attorney, you should not draft a Will. Also, it is exceedingly foolish to use a Will from a form book or online store. 

If you have a Will executed from a form book, or online, you should ensure that the following will execution requirements are fulfilled. Notwithstanding, the Will may be nonetheless still invalid or ineffective. 

If a will refers to a written statement or list to dispose of items of tangible personal property not otherwise specifically bequeathed, the statement or list shall be given effect to the extent that it describes items of tangible personal property and their intended recipients with reasonable certainty and is signed by the testator although it does not satisfy the requirements for a will. Bequests of a general or residuary nature, whether referring only to personal property or to the entire estate, are not specific bequests for the purpose of this section.

Can an interested person witness a Will in Virginia. Generally, the answer is yes. If the person is otherwise a valid witness, and no other exceptions exist, then an interested person (i.e., a beneficiary) may witness a Last Will & Testament in Virginia. The Virginia code provide for Wills that no person is incompetent to testify for or against a will solely by reason of any interest he possesses in the will or the estate of the testator.

A Last Will & Testament duly executed (properly signed, notarized, and valid) in another jurisdiction is generally otherwise valid in Virginia assuming it was executed in compliance with the law of that other jurisdiction. When determining weather the Will was executed properly, the determination is made as to the law then existing at the time of that person’s death (as opposed to the time the Last Will & Testament was executed) 

Can an interested person witness a Will in Virginia. Generally, the answer is yes. If the person is otherwise a valid witness, and no other exceptions exist, then an interested person (i.e., a beneficiary) may witness a Last Will & Testament in Virginia. The Virginia code provide for Wills that no person is incompetent to testify for or against a will solely by reason of any interest he possesses in the will or the estate of the testator.