Last Will & Testament

2026 Guide to Virginia Simple Last Will and Testament.

What does Virginia recognize as a Last Will and Testament?

It must be hand written or typed.

It can be typed if it is properly signed at witnessed.

It can be handwritten if it is signed and dated.

It cannot be an audio nor a video recording.

The intent of the document is to control how most of your property is distributed after your death

 It impacts how your debts and obligations are satisfied after your death.

It is a legal document created to govern your estate after your death.

Are there benefits to creating a Last Will and Testament?     YES

You can include beneficiaries who would otherwise not be included as a heir of your estate.

You can exclude individuals, not your spouse, from receiving a portion of your estate.

You can increase the share your spouse would receive as compared to their share provided for in the Virginia intestate laws.

You can name an executor who will have authority after your death.

You can waive surety on a bond for your executor.

You can identify assets which your loved one’s might overlook or not know about.

You can include a declaration of faith as a final witness to your loved ones.

You can name and appoint a guardian for your children.

Does a Last Will and Testament have limitations?   YES

Virginia allows property to be jointly owned with a right of survivorship. A will cannot override a right of survivor-ship.

Bank accounts can have a named beneficiary or beneficiaries. A will cannot change a named beneficiary on a bank account. Any changes to the named beneficiaries need to be completed before death.

A life insurance policy will likely have a designated beneficiaray. A will cannot change a named beneficiary. Any changes to the named beneficiaries need to be completed before death.

A will cannot create a power of attorney. A power of attorney ends immediately upon death and authority after one’s death is given to the executor once he or she qualifies before the clerk of court.

Who can create a will?

You must be 18.

You must be of sound mind.

What are the typical elements of a simple will drafted by a Virginia lawyer?

A simple will should include an introductory clause which states personal information including your full name, know aliases, your marital status, and the names of all of your children even if the child is not receiving a share of the estate.

A simple will should include a declaration clause which identifies the document as a Last Will and Testament. It should give the date of the last will and testament and it should revoke any wills that came before it.

A simple will should name the executor who will manage the estate assets until they are transferred to beneficiaries.

A simple will should include a bequest clause which states how assets will be distributed.

A simple will should appoint a legal guardian and a backup guardian for minor children.

A simple will should include three signature lines and an attestation clause stating the will was signed voluntarily by the testator and two witness all in front of each other at the same time. See § 64.2-403

A simple will should include a No-Contest Clause if you are concerned about someone arguing about the validity of your will.