Estate planning does not need to be complicated and overwhelming. Many adults can address most of their estate planning concerns with a simple will. So long as they draft a valid testamentary instrument, they can choose who inherits their property, select their own personal representative and even appoint a guardian to care for their children. Ensuring that a will complies with all Virginia statutes is necessary for those hoping to control their legacies or support their families after they pass.
Witnesses play a critical role in the validation of wills. Does a testator need to hire a notary to create a valid will?
Notarization is optional
Virginia requires that the person executing the will be of sound mind. They also need to create a document based on their own wishes, not pressure applied by outside parties. Witnesses help validate a testator’s identity and their state of mind if there are concerns about the will.
Virginia state law currently requires two competent witnesses. Neither of those witnesses needs to be a notary. Ideally, they are disinterested parties who do not stand to inherit from the estate but who know the testator well enough to speak to their state of mind. A notary’s stamp is authoritative, but it is not necessary for the courts to recognize the validity of a will.
Working with a lawyer when drafting a simple will can help people understand state requirements and avoid common mistakes. An attorney can help ensure that a will meets all legal requirements and can withstand scrutiny if there is controversy after a testator passes.
