Legal Question in Wills and Trusts in Virginia

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.