Legal Question in Wills and Trusts in Virginia

Re: Legal Wills

A will is legal and binding at the time of the testator's death if it was properly executed in accordance with the laws of the state/jurisdiction where it was intended to take effect.

A will has no legal effect or significance while the testator remains alive and does not assume such until the testator's death.

Re: Legal Wills

This question is a little too vague to answer.

A will has absolutely no effect while a person

is still living and it can be changed at any time

up until death.

However, in order for a will to be binding (or a

change to be binding) the will (or new will) must

be executed properly. This is very tricky and

should be done with a lawyer. The biggest

problems with wills are with the method by

which they are executed. There must be

witnesses, a notary, the witnesses should not

be heirs if possible, they must fill out the

witness forms properly, etc.

However, once a person dies, that's it. The

will governs absolutely, 100%, what must happen

to the person's property. Taking property from

the estate of the decedent outside of the will

is THEFT -- a crime just as real as robbing a

7/11. So the will must be followed once the

person has died (assumingit was properly

executed).