Only two events are inevitable in every person’s life, and both of them are unpredictable—death and birth. Moreover, none of us controls any of these life events, so you must prepare for the former while still alive to save your beloved ones’ anxiety after your departure.
So, why do you need a Virginia last will and testament anyhow? What advantage does this critical document have for your loved ones after your demise? Keep on reading to discover why this document is critical to your loved ones.
It Protects Your Underage Orphans
First, you need this critical document if you have minors whom you could leave behind following your untimely and uncertain death. Kids are precious possessions in all cultures, including here in Virginia. Therefore, every responsible parent has them in their hearts during and after their lifetime. It’s also your parental duty to leave your kids in safe hands regarding their parental inheritance. Otherwise, your children will remain hanging on the mercy of the state to protect what belongs to them by birth.
Fortunately, a Virginia last will and testament is a sure game-changer in your children’s inheritance. It lets you appoint a trusted guardian to protect your children’s birthright if you and your spouse leave them prematurely. Moreover, it defines these guardians’ responsibilities and boundaries after your death. Therefore, your last will makes this guardianship legally binding and watertight. So, take advantage of our free last will and testament template today because tomorrow is not guaranteed.
It Stems Sibling Rivalries
We all wish our children should live harmoniously before and after our demise. Unfortunately, this ideal parental expectation is unguaranteed in some families. Sibling rivalry can thrive even in cases where good parents mean well for their kids and did their best to keep them in harmony. Additionally, sibling rivalry can still develop among your children after your death. Therefore, it’s prudent to guard against it plus its ugly effects that could spiral into full-blown inheritance battles.
Fortunately, you can take advantage of our free Virginia last will and testament forms and draft your last will today. This proactive step ensures that your kids’ personal differences don’t spill into and threaten their inheritance. Moreover, your last will and testament will legally mitigate any issues challenging your heirs’ economic portions.
You Don’t Want to Confer Unconditional Inheritance
What do we mean by this statement? This benefit of writing a last will and testament means that you can include contingency plans for preventing your primary beneficiary from wasting their inheritance. For example, if your chosen beneficiary is a drug addict who could waste his estate on drugs, it ensures that they can only access it after proving they’re addiction-free.
It Protects Your Loved Ones’ Interests After Your Demise
Creating a last will and testament for your loved ones in Virginia creates an irremovable trust to look into your family’s inheritance matters. The law also allows you to create different types of trust to care for various needs. For instance, you can create a trust to protect the transfer of family business and perpetuate your business empire. You could also create a trust to care for special needs if you have an heir with such needs. You only need to look around and ahead to see your heirs’ needs to create a relevant trust to address them.
It Also Protects Your New Marital Status
Marital status changes for various reasons. For instance, you can marry, divorce, remarry, or end up in a blended family setting. All of these changes can significantly affect your estate after your death. Thus, these marital changes require you to act appropriately by drafting a last will and testament. Every new marital status changes your chosen heirs’ names. Thus, it’s prudent to get legal assistance in creating a secure last will. Remember, you can’t fully trust the state to represent or care for your inheritors’ interests.
Don’t forget that if you die without a last will, the state will automatically appoint your surviving spouse as your estate’s heir. However, if you have other kids you didn’t sire with them, they will inherit one-third while your children will get two-thirds. But if you die as a widow or widower, then your kids will be your estates’ sole inheritors. If it still happens, you have none of these relatives, then your parents or siblings will inherit your estate. Lastly, the lack of all the above relatives means any other close relative inherits your property.
What About Validating It?
Every Virginia last will and testament needs validation. However, you should meet some requirements before validating it. Below are the legal requirements it should meet.
- Virginia’s code section 64.1-46, et seq. requires you to be a sane adult aged 18 years and above to sign the last will.
- You must sign your last will or assign a trusted person to do it for you.
- You should have two or more witnesses who are not heirs to sign the last will to confirm that you signed it or assigned a trusted confidant to do it for you with your direction.
- Your will must list beneficiaries – as many as you wish.
- You must write the will either with your handwriting or by typing it. However, handwritten wills need two non-interested parties to testify that the handwriting is indeed yours.
Altering Your Will
The law allows you to alter your last will any time you want. However, you need a codicil, an amendment following the execution procedure for creating last wills.
You can revoke your last will if you execute a codicil or a subsequent will. You could also revoke it by burning, tearing, canceling, or obliterating it.
So, you can see why this document benefits you and your loved ones. You can download our free Virginia last will and testament forms to draft yours and leave your family in peace after your demise.