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Commonly Asked Questions about Virginia Last Will and Testament

If you have a spouse and no children (or grandchildren, great-grandchildren, etc.,) your spouse will inherit 100 percent of your assets. If you have children (or grandchildren, great-grandchildren, etc.) but no spouse, your children will inherit 100 percent of your assets.
Legal Requirements for a Will in Virginia The testator must be of legal age (18 years or older) and of sound mind. The will must be in writing and signed by the testator in their own handwriting. Two disinterested witnesses must be present during the signing to ensure the testators intent is properly executed.
The will must first be filed with the clerk of the court in the Commonwealth of Virginia. After a person is qualified to serve, then they may be able to serve on behalf of the estate to make distribution and to marshal assets and to pay any legally enforceable debts.
Virginia has long enforced contracts to make a will, whereby a testator (the person making the will) enters into a contract with another person, with the testator agreeing to provide for him in his will, in exchange for the other party doing something for him.