Creating a will is a smart move for those with dependent family members or valuable property. A will allow a testator to control their legacy and provide support for their family members when they die.
The availability of fill-in-the-blank documents online can give people a false sense of confidence. They may print and fill out papers without any assistance. Some people even create digital documents without any paper version of their wills. The wills they draft without professional guidance may not hold up in the Virginia probate court.
Wills that do not have appropriate witness signatures are unlikely to have much impact during probate proceedings.
Virginia requires witnesses for valid wills
For the Virginia probate courts to recognize the validity of a will, it has to meet certain standards. The testator drafting the document has to be an adult of sound mind. They should have total control over the process instead of being under the influence of another party.
The will itself typically needs to be a written instrument signed by the testator. There also need to be two witnesses who can sign the documents. Those witnesses either need to watch the testator sign the document or hear them attest to signing it previously. The law requires that the witnesses be competent. Unlike many other states, Virginia does not prevent beneficiaries from serving as witnesses. Notarization is not necessary, but witness signatures are crucial when drafting a valid will.
People who try to draft estate plans without the right support can make mistakes that might lead to the courts setting aside their documents. Learning more about Virginia’s probate regulations can benefit those thinking about their legacy.