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virginia state bar video briefs if you're 18 or older, you should consider having a will. a will is a signed document that states what you want done with your property after you die. any mentally competent person may have a will, but why do you need one? because you want to be able to direct how your property is to be divided. you want to name a person to handle your estate. you want to reduce the expense of administering that estate. you want to save taxes. you want to name a guardian

for your children. and you want to have the peace of mind in knowing how all that you've saved and accumulated during your life will be distributed. the signing of a will must be witnessed by two people, who also must sign it. it doesn't have to be notarized, but it is recommended. a will is valid until you destroy it, sign a written revocation, or write and sign a new will. you can change it any time you want. another good reason to have a will is that if you don't, state law directs how your property will be divided. in virginia, your estate generally passes to your spouse.

but, if you have children there are circumstances in which your estate will go to them and your spouse. it can be complicated. only a lawyer is professionally qualified to give you advice about your will, prepare it, and supervise its signing. the virginia state bar, through its trusts and estates section, has prepared a pamphlet as a public service to help answer some basic questions about wills. the pamphlet is designed to give simple answers to common questions. it is not intended as a guide or a substitute for consultation with a lawyer.

there's a lot of work to do before you hire a lawyer and some steps you can take to prepare for meeting with a lawyer. they're outlined in the pamphlet, "wills in virginia." to get a copy, go to our website at www.vsb.org or call the state bar at (804) 775-0500.