Legal Question in Wills and Trusts in Virginia
Is an Attorney Required for Will to be Binding
I have access to legal forms, some of which contain wills. If I use one of these forms, and have the will notarized and witnessed by 2 individuals would it be legally binding in VA?
Must the document be prepared by a VA attorney?
Are there any other requirements, if the person is sane, etc. at the time of the will execution?
Thanks.
2 Answers from Attorneys
Re: Is an Attorney Required for Will to be Binding
You do not need an attorney for the will to be binding; however, if you do not know the answers to these most basic of questions are you putting your family at risk by trying to do it yourself?
Is it worth trying to save a few hundred dollars if it means that by doing so you cost your family maybe tens of thousands of dollars later?
Re: Is an Attorney Required for Will to be Binding
A will can be valid without being prepared by
an attorney. However, the biggest problems
with wills are not with the content, but with
how the will is executed and whether you have
chosen the proper legal measures for the right
situation. So, yes, you can use a form and
apply it. And perhaps it will work out fine.
But possibly not. For example, can you sign
before or after the witnesses sign? Do the
witnesses need to know what they are watching
you sign? do the witnsses have to be physically
together at the same time watching you sign?
(The answers are you sign first, and yes to
the rest.) Unfortunately, those technical details
are bigger sources of problems than what the
contents of the will actually says.
Also, there are special procedures so that the
witnesses do not have to appear in court when
the will is filed for probate. So all of these
formalities are actually more important than
what the wills says.
As a result, if you cannot afford to have an
attorney prepare your will, a standard form may
be okay. In that case, it is likely that you
will not have a lot of money to leave to your
heirs and the will should be alright.
However, if you can afford to have an attorney
prepare your will, I would suggest that there
is too much risk in not having the will properly
signed.
Although there are attorneys who charge too much
for wills, there are other attorneys who will
only charge you a few hundred dollars.