Updated August 02, 2023
A Virginia last will and testament is a legal estate-planning document set forth by a testator (the person creating their will) to provide instructions for how their estate should be distributed upon death. A testator’s estate includes their real and personal property, vehicles, insurance policies, fiduciary accounts, businesses, and more. A testator ensures peace of mind when creating a will as it protects their estate and transfers portions (or all) to the appropriate individuals. Beneficiaries can be spouses, children, friends, blood relatives, and charitable organizations.
A will must be signed by the testator in the presence of two (2) or more witnesses in order to be legally executed under Virginia law. Both these witnesses will also provide their signatories after attestation. Though optional, a testator can have their will acknowledged by a state-authorized notary public for another layer of legal protection. Wills may be amended or revoked at any time by the testator, as long as the testator is of sound mind.
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Laws
Signing Requirements
The will is valid if handwritten and signed by the testator, and it must be proved by two disinterested witnesses. If not handwritten by the Testator, the will must be signed by the Testator and two (2) witnesses in the presence of each other, including the Testator. (§ 64.2-403)
State Definition
“Will” includes any testament, codicil, exercise of a power of appointment by will or by a writing in the nature of a will, or any other testamentary disposition.
Related Forms
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Durable (Financial) Power of Attorney
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