A Virginia Last Will and Testament is a legal document backed by the state of Virginia that allows a person, referred to as a Testator, to designate what will happen to the items of their estate after they die. Title 64 of the Virginia Code is the governing force that enforces and sets a standard for the wills drafted in the state. The Code specifies that all wills written in the state must be signed by two (2) witnesses who both sign in the presence of the Testator. In addition, these statues also dictate the type of wills that may be drafted and recognized by the state. Title 64 specifies that an Oral Will, also known as a Nuncupative Will, will be recognized if it is created by a deployed member of the U.S Army as a means to disperse personal property. Holographic Wills, also known as Handwritten Wills are recognized by the state if they are wholly written in the Testator's handwriting, and two (2) disinterested witnesses to attest the Testator's handwriting.
Completing a Will in Virginia is not a difficult process, and yet the Testator should spend time to ensure that the information recorded collects his or her true wishes. Since a Testator will be deceased when the last will and testament will be executed, it is imperative that the information within the document is clear and reflective of the Testator's wishes. If no resolution between those named in the will can be found, the document will be taken to court for the legal system to provide the best interpretation of the will.
The first piece of information that a Testator will need to record is their full name and complete address. Following the name and address, the Testator will then provide the first and last name of their Executor. The next section that will be detailed will be the Testator's wishes in regard to their estate, assets, funeral and repass arrangements. These details will name beneficiaries, and specify what they inherit. Once all of these wishes have been detailed, the Testator along with two (2) witnesses will sign the will, where it will then take effect.