Virginia Last Will and Testament Template

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A Virginia last will and testament is a legal estate-planning document set forth by a testator (the person creating their will) who wishes to provide instructions for how their estate should be distributed upon death. A testator’s estate includes but is not limited to their real and personal property, vehicles, insurance policies, fiduciary accounts, businesses, among many others. 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 of the testator’s will are usually their spouses, children, friends, blood relatives, and even 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. And 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 to do so.

Table of Contents

Laws

Definition – (§ 64.2-100) – “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.

Signing Requirements (§ 64.2-403) – (A) The will is valid if handwritten and signed by the testator, and it must be proved by two disinterested witnesses. (B) 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.

Statutes – Title 64.2 (Wills, Trusts, and Fiduciaries)

(Video) How to Make a Will in Virginia

How to Write

Step 1 – To establish the document, enter the testator’s name at the top of the document, followed by:

  • The Testator’s name
  • City
  • County
  • State
  • Review of  remaining information
  • Review “Expenses and Taxes”

Step 2 – Appoint an Executor – Enter the following:

  • Name the selected representative (executor)
  • City
  • County
  • State (where the representative resides)

If at any point the testator’s initial selected executor should be unable to distribute the contents of the document, it would be wise of the testator to have an alternate executor to take over the process to ensure that the testator’s wishes are seamlessly carried out. Once the testator has chosen an alternate, provide the following:

  • The name of the alternate executor (representative)
  • Enter the City
  • Enter the County
  • Enter alternate executor’s state of residence

Step 3 – Disposition of Property to be bequeathed to Beneficiaries

Beneficiaries – Enter the following:

  • Full names of all beneficiaries
  • Current addresses for beneficiaries
  • Provide a description of the relationships of the beneficiaries to the testator
  • Enter the last four digits of the Social Security Number for all of those named as beneficiaries
  • List the property that the testator shall provide for each beneficiary

Step 4 – Testator must carefully review all of the following titled sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures –  For all who shall serve as a signatories, all persons must be present for the signing of the document. Each must enter:

  • Name of the testator
  • Date testator’s signature
  • Testator’s signature
  • Print testator’s name

Witnesses – Each witnesses must read the brief statement – and enter

  • The date of all signatures  – dd/mm/yyyy
  • Testator’s name

Witness 1 – 

  • Signature of witness
  •  Address of witness

Witness 2 –

  • Signature of witness
  • Address of witness

Step 6 – Affidavit of Testament – Signatories must review the affidavit, and enter: State

  • Their City and County of residence
  • Name of the testator
  • 1st witness’ name
  • 2nd witness’ name
  • AND
  • Testator’s signature
  • Signature of Witness 1
  • Signature of Witness 2

Step 7 (Optional) – Notarization – Once the document is complete, all signatures must be witnessed and authenticated by a notary public of the state of Virginia.

Related Forms

 

Advance Directive

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Durable (Financial) Power of Attorney

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