Eagles Law Firm, P.C.

Family Law

Family Law

Family Law

Family Law

Family law involves relationships of married couples, unmarried couples, or couples undergoing divorce. Additional family relationships that may involve lawyers include parent and child, unmarried parents, neglected children, foster care, and adoption, the rights of children and of course the rights.

Wills

• “Do I need a will?”
• “What will happen if I don’t have a will?”
• “How do I make a will?”

These are only some of the many questions that often arise on the subject of wills.  Of course, these laws can be very complicated. This pamphlet is designed to present simple and straightforward answers to commonly asked questions, and is not intended as a guide to preparing wills, or as a substitute for a consultation with a lawyer.

1. What is a will?
A will is a signed writing in which a person (often referred to as the “testator”) directs what is to be done with his or her property after death. Each state has its own very specific laws as to what is necessary for a will to be valid in that state.

2. Who may make a will?
Any mentally competent person who is at least 18 years old may make a will. However, later proof of any fraud, duress, or undue influence by another person on the testator may cause the will to be invalid.

3. Who should have a will and why?
Every mentally competent adult should have a will. Here are a few of the reasons:
• You can direct how you want your property divided at your death.
• You can name the person you want to handle your estate (called the “executor” or “personal representative”).
• You can reduce the expenses of administering your estate.
• You can save taxes.
• You can nominate a guardian for your minor children.
• You may provide for a trust for the support and education of your children without the necessity of costly court proceedings.

4. Must a will be witnessed? Must it be notarized?
In Virginia, the signing of a will must generally be witnessed by two competent persons, who also must sign the will in front of the testator. (An exception to the witness requirement is made if the testator writes out the entire will in his or her own handwriting, and signs and dates it.)
Although the law does not require a will to be notarized, it is a highly recommended practice, followed by most lawyers. If the testator’s and witnesses’ signatures have been notarized, the will is presumed to be properly executed and is accepted by the court without testimony from the witnesses.

5. How long is a will valid?
Your will is valid until you revoke it, generally either by physical destruction (tearing or burning it up, for example) or by signing a superseding will or written revocation. However, i

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