What are the requirements for a will to become valid in Virginia?

A will is primarily used to distribute your assets according to your wishes after you pass away. This document, though it may be only a few pages long, is a powerful tool in estate planning. People inherit property, money and cherished family heirlooms because of its existence. When starting your estate planning journey, creating a will is usually one of the first and most crucial things to address.

Once you’ve written your will, you must make it legally valid. This ensures that your wishes, as the testator (the person making the will), are fulfilled after your death.

Valid will requirements

Here are the key requirements for a will to be recognized and enforceable in Virginia:

1. Signature: The testator must sign the will.
2. Witnesses: Two competent witnesses must sign the will.
3. Witness presence: The two witnesses must sign the will in the presence of the testator.
4. Testator presence: The testator must sign the will or acknowledge their signature in the presence of the witnesses.
5. Notarization (recommended): While not a strict legal requirement, notarizing the will with a “self-proving affidavit” can make court acceptance easier.
6. Sound mind: At the time of signing, the testator must be of sound mind and not under undue influence.
7. Clear intent: The document should clearly express the testator’s intent for it to serve as their will.

A will must contain all of these elements for it to be considered valid in Virginia. Completing only some of these requirements isn’t enough.

It’s very important to complete all steps

Missing even one of these requirements could invalidate the will or lead to challenges in probate court. The first four requirements (signature, witnesses, witness presence and testator presence) are absolutely essential and legally required in Virginia.

Notarization, while not strictly required, can simplify the probate process. The last two, sound mind and clear intent, are also vital. If there’s any doubt about the testator’s mental state or the document’s purpose, someone might challenge the will. This could result in legal disputes that may reduce your estate’s value and delay its distribution to intended beneficiaries.

Taking steps to ensure your will’s validity can help reduce the risk of successful challenges and protect your heirs after you’re gone.