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Virginia Last Will and Testament Template

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The Virginia Last Will and Testament is considered a legal document in the state, whereas a testator is allowed to construct a document that will designate for distribution by the testator’s chosen executor, the assets of their estate upon their death. These assets may include but not be limited to real estate property, vehicles, personal property, fiduciary assets, businesses among others. These assets, besides being meant to continue the financial security of their spouses and/or children, could be designated for other beneficiaries such as friends, extended family members or even various institutions or charitable organizations. As the testator has completed and is satisfied with the distributions, the document is required to be signed by two witnesses and will also be witnessed by a notary public. The testator’s document may be revised or revoked at any time.

Definition – § 64.2-100

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

Signing (§ 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.

How to Write

Step 1 – To establish the 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 – Notarization – Once the document is complete, all signatures must be witnessed and authenticated by a notary public of the state of Virginia.