Will Lawyer in Northern Virginia

Putting Your Final Wishes in Writing With a Will Lawyer

A lawyer for wills in Northern Virginia can help you decide how your property should pass, who should serve as executor, and who you want to nominate as guardian for minor children. Without a valid will, Virginia law can determine how certain property passes and leave less direction about your wishes for family, gifts, and guardianship.

Within Trust-Based Estate Planning, a will serves as a backup while the trust remains the primary tool for transferring assets. The goal is to properly fund the trust during your lifetime so the assets intended for it can pass under the trust’s terms without relying on the will. If an asset was left outside the trust, a pour-over will can direct that asset into the trust after death, although probate may still be required first.

Because the will works together with the rest of the plan, McCarthy & Akers, PLC | Estate Planning Attorneys, consider your family, assets, and planning goals from the start. We include the pour-over will as part of your Trust-Based estate plan and coordinate it with the trust and related documents, such as a power of attorney or advance medical directive, so each document has a clear role in your planning. 

Contact us today to schedule a free one-hour consultation with an estate planning attorney. Call (703) 452-4988 or complete our online contact form.

Key Takeaways

Here are several points to keep in mind when creating wills, reviewing existing documents, or updating your estate planning:

• A written will generally needs to be signed correctly because, if it is not entirely in the testator’s handwriting, Virginia law generally requires at least two competent witnesses to be present at the same time when it is signed.
• A will can name beneficiaries, nominate an executor, identify guardians for minor children, and create testamentary planning for younger or other beneficiaries.
• Trusts, powers of attorney, advance medical directives, and beneficiary designations can address issues that a last will and testament cannot address by itself.
• Marriage, divorce, children, new property, business interests, and changes in family relationships can make a review worthwhile.
• Careful drafting can help family members follow your wishes and can support minimizing family disputes after death.
• McCarthy & Akers, PLC can include a pour-over will as part of a Trust-Based Estate Plan, coordinate it with the trust and related estate planning documents, and address Virginia’s signing requirements.

What a Will Actually Is

A will is a written legal document that directs how property should pass after death and names an executor to carry out your wishes.

In Virginia, a valid will needs to follow specific signing rules under Title 64.2 of the Code of Virginia, including the requirements in Section 64.2-403.

A will differs from documents like a revocable living trust or a power of attorney in several important ways:

• A will takes effect after death and provides instructions for how certain property should pass. The testator must have the legal capacity to make the will and must sign it or direct another person to sign in the testator’s presence. An agent acting under a power of attorney cannot make a will on the testator’s behalf.
• A revocable living trust can hold and manage assets during your lifetime and continue after your death according to its terms. An agent acting under a power of attorney may also be able to create a trust for you, but only if the power of attorney specifically gives the agent that authority.
• A power of attorney can authorize someone to act on your behalf during your lifetime, including certain trust-related actions when specifically authorized, but that authority does not extend to making a will for you.

At McCarthy & Akers, PLC, we help clients consider how these documents work together so their estate planning reflects their family, assets, and long term goals.

What Makes a Will Valid in Northern Virginia

For a will to be legally valid in Virginia, several legal requirements need to be met.

Testamentary Capacity

The person making the will must have sufficient mental capacity when the document is signed. In general, this means being able to recognize that they are creating a will, have a general sense of their property, and recognize the people who would naturally be considered as beneficiaries. If a person does not have enough mental capacity, they cannot make a valid will.

Testamentary Intent

The document should clearly show that the person intends it to be their will and wants it to direct how property should pass after death. Virginia law also allows a limited process for certain writings that do not meet all formal requirements if there is clear and convincing evidence that the person intended the writing to serve as a will.

Proper Execution

The will must be in writing and signed by the testator, or by someone else at the testator’s direction and in their presence. If the will is not entirely handwritten by the testator, Virginia law requires at least two competent witnesses to be present at the same time and sign the will in the testator’s presence.

Common Issues That Can Raise Questions About a Virginia Will

Several issues can raise questions about whether a will is valid or accurately reflects the testator’s wishes under Virginia law:

• The will was not signed or acknowledged, and witnessed, in the manner required by Virginia law.
• The person signing did not have enough mental capacity to make a valid will.
• A caregiver, new spouse, or other close relationship raises concerns about undue influence.
• A later will or written revocation changes or replaces an earlier document.
• Questions arise about whether the signature is authentic or whether the will was changed after signing.

An attorney for wills in Northern Virginia can help address issues that may raise questions about whether a will accurately reflects your wishes and follows Virginia law.

How a Lawyer Can Help With Your Estate Plan

For families in Northern Virginia, working with a lawyer may help make the planning process more personal and easier to follow. Our team can help you work through decisions involving your family, property, beneficiaries, and long term goals while identifying potential issues that may need additional attention.

At McCarthy & Akers, PLC, we begin with a free one-hour consultation to learn about your planning goals. From there, we gather information needed to prepare the appropriate documents, explain how they work together, and give you time to ask questions before moving forward.

We also coordinate the signing process to address Virginia’s applicable requirements and discuss when it may make sense to review your estate planning again as your family, property, or goals change.

Will Matters We Handle

McCarthy & Akers, PLC helps Northern Virginia clients with:

• Will Updates: Reviewing and revising an existing will when changes in family, assets, or personal wishes make an update appropriate.
• Planning for Minor Children: Including guardian nominations and provisions for how property intended for children should be managed.
• Pour-Over Wills: Preparing a will to work alongside a revocable living trust as part of a coordinated estate plan.
• Wills as Part of a Broader Estate Plan: Coordinating a will with trusts, powers of attorney, advance medical directives, and other estate planning documents. You may also add a Legacy Letter to share personal messages, family traditions, values, and guidance that go beyond the legal terms of your plan.

Why Work With McCarthy & Akers, PLC

Writing a will involves personal decisions that can affect your family for years to come. At McCarthy & Akers, PLC, we take the time to learn your story, goals, and priorities so those conversations feel clear, personal, and unhurried.

Our legal services are grounded in a holistic, authentic, and candid approach, with personalized Trust-Based Estate Planning built around each family’s goals and circumstances. We work with people throughout Northern Virginia, including Great Falls and Manassas.

Why a Will Is Only One Part of Trust-Based Estate Planning

While many perceive traditional estate planning as beginning and ending with a will, Trust-Based Estate Planning looks at what happens beyond simply stating who should inherit. A trust can be structured to help assets pass according to the plan without going through probate, while providing greater control over how and when beneficiaries receive assets.

That distinction can matter for families concerned about probate fees, delays, public proceedings, blended families, minor children, special needs, and other circumstances that a standalone will may not address as effectively. At McCarthy & Akers, wills are prepared as part of trust-based planning rather than as standalone planning documents.

Start Your Will Plan With a Lawyer in Northern Virginia

Whether you are creating your first Trust-Based estate plan or reviewing an older plan, you do not have to make these decisions all at once. At McCarthy & Akers, PLC | Estate Planning Attorneys, we give you space to ask questions, consider your priorities, and move forward with a plan that reflects what matters to you and your family.

If you are in Great Falls, VA, or another Northern Virginia community, contact us today to schedule a free one-hour consultation with an estate planning attorney. Call (703) 452-4988 or complete our online contact form.

Trust McCarthy & Akers to be your partner in planning for the future.