Before you create a will in Virginia, it is essential to know what, under the law, makes a valid will. If you draft a will that does follow the legal requirements, then it may not hold up after your death. This means your wishes may not be carried out and you lose all control over what happens with your estate. Having a valid will is essential to ensure you can dictate what happens with your assets and nobody else can come in trying to wrongfully make claims.
The Virginia State Bar explains that there are a few requirements that will make a valid will. To begin with, when you draft the document, you must be 18 years old or older. It is important that you also are of sound mind, so nobody can later claim that you were not able to think clearly enough to draft the will.
It is important that when you sign you will, if it is typed, that you have two witnesses who also sign it in front of you. This means they must see your sign and you must see them sign the document. However, if you write out the will in your handwriting, then only your signature is required. You do not have to have the signatures notarized, but that is a safeguard that could save trouble later. It will also save your witnesses from having to testify in court to the validity of the will. This information does not constitute legal advice and is for educational purposes only.
