Wills Lawyer in Manassas

Putting some time and effort into your will can afford you the peace of mind that comes from knowing your wishes regarding how your assets are ultimately distributed will be upheld. If you don’t have a legally binding will in place, the property you own at the time of your death will be divided according to Virginia’s laws of intestacy, which are the laws that govern inheritance. This division of property includes high value as well as highly personal items, such as family heirlooms, which highlights the importance of creating a will. Our experienced Manassas wills lawyers at Bristle Schulze are standing by to help.

Creating a Legally Binding Will in Manassas

For your will to be legally binding and, therefore, to ensure that your wishes prevail in Virginia, there are several state-specific requirements that must be met. These include:

• You must be at least 18 years old at the time that you create your will.
• You must also be of sound mind at the time, which means that you have testamentary capacity, or that you fully appreciate the legal implications of the act.
• Your will must be in writing, which means that it can be typewritten, printed, or handwritten but cannot be verbal.
• You must sign your will in the presence of two competent witnesses who are at least 18 years old, who are mentally competent, and who also sign the document.

Your Witnesses

You’re advised to choose disinterested parties, which means they are not named as beneficiaries in your will, to serve as your witnesses. This, however, is not a requirement.

If Your Will Is Handwritten

Your will can be handwritten, but the rules that apply are a bit different. To begin, the document must be in your handwriting alone and must be signed by you. Handwritten wills are called holographic wills. While Virginia doesn’t require witnesses for handwritten wills, you will need two disinterested witnesses to assert that the handwriting is yours during the probate process.

Self-Proving Affidavit

While not required, attaching a self-proving affidavit to your will can streamline the probate process in Virginia. The self-proving affidavit is a legal document that’s signed by the will’s two witnesses and is also notarized. As a result, the witnesses are not required to testify on the will’s validity during probate.

The Matters Addressed in Your Virginia Will

In your will, you will appoint an executor, who will take on a fiduciary duty to your estate and will guide your will through the probate process. This role should be assigned to someone whom you trust to impartially champion your wishes as expressed by your will. 

The matters you can address in your will include all the following:

• A detailed list of all your assets and property
• Specific instructions regarding which specific assets should go to each named beneficiary
• The matter of guardianship of any minor children and any testamentary trust that applies
• Terms that define how assets will be distributed if a named beneficiary dies prior to your death

Our Experienced Manassas Wills Attorneys Can Help

Our knowledgeable Manassas wills lawyers at Bristle Schulze appreciate how important having a solid will that accurately reflects your wishes can be, and we are committed to helping you get yours right. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.