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Virginia Last Will and Testament for Divorced Person Not Remarried...

Virginia Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Category:

Wills - For People with Children

State:

Virginia

Control #:

VA-WIL-01400

Format:

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What is this form?

This document is a Last Will and Testament specifically designed for a divorced person who has not remarried and has both adult and minor children. It outlines how your assets will be distributed after your death, names a personal representative to manage your estate, and establishes a trust for your minor children's inheritance. Unlike a standard will, this form takes into account your unique family situation post-divorce, providing essential legal provisions to protect your children's interests.

Main sections of this form

Appointment of a personal representative or executor
Designating beneficiaries for property distribution
Establishment of trusts for minor children
Directions for paying debts and expenses
Appointment of guardians for minor children, if necessary

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Last Will and Testament for Divorced person not Remarried with Minor Children

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Common use cases

This form should be used when you are divorced, not remarried, and have both adult and minor children. It is especially important if you want to specify how your assets will be distributed, nominate a guardian for your minor children, and establish a trust for their benefit. This form helps ensure that your wishes are legally documented and followed after your passing.

Who needs this form

Individuals who are divorced and have children of varying ages
Those who do not have a current spouse
Parents who want to ensure their minor childrenâs inheritance is protected
Anyone looking to provide specific instructions for their estate distribution

Instructions for completing this form

Enter your full name and county of residence in the designated fields.
List your children by typing their names and birth dates.
If applicable, specify any particular property you wish to bequeath to individuals.
Designate a trustee for any assets held in trust for minor children.
Sign the document in front of two witnesses who are not beneficiaries, and consider a notary for validity.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

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We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

Failing to sign the will in the presence of required witnesses.
Not specifying distributions for all assets, leading to potential confusion.
Neglecting to appoint a guardian for minor children.
Overlooking the need for an affidavit if self-proving provisions are included.

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Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Virginia, but does include basic and other provisions. A discussion of handwritten wills is not included.

Who may make a will: Every person 18 years of age or older, and of sound mind may make a will disposing of his or her property. A person emanicipated by law may also make a will. 64.1-46. 64.1-47.

Execution of Will: No will shall be valid unless it be in writing and signed by the testator in the presence of at least two competent witnesses, present at the same time. The witnesses shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary. 64.1-49.

Interested persons as competent witnesses: No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of the testator. 64.1-51.

Revocation of wills generally: If a testator having an intent to revoke, or some person at his direction and in his presence, cuts, tears, burns, obliterates, cancels or destroys a will or codicil, or the signature thereto, or some provision thereof, such will, codicil or provision thereof is thereby void and of no effect. If a testator executes a will or other writing in the manner in which a will is required to be executed, and such will or other writing expressly revokes a previous will, such previous will, including any codicil thereto, is thereby void and of no effect.

If a testator duly executes a will or codicil which does not expressly revoke a former will or codicil, but which expressly revokes a part thereof, or contains provisions inconsistent therewith, such former will or codicil is revoked and superseded to the extent of such express revocation or inconsistency if the later will or codicil becomes effectual upon the death of the testator. 64.1-58.1.

Revocation by divorce or annulment: If, after making a will, the testator is divorced a vinculo matrimony or his marriage is annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse. Any provision conferring a general or special power of appointment on the former spouse and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise, shall also be revoked. 64.1-59.

Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property: If a will refers to a written statement or list to dispose of items of tangible personal property not otherwise specifically bequeathed, the statement or list shall be given effect to the extent that it describes items of tangible personal property and their intended recipients with reasonable certainty and is signed by the testator although it does not satisfy the requirements for a will. Bequests of a general or residuary nature, whether referring only to personal property or to the entire estate, are not specific bequests for the purpose of this section.

The written statement or list may be referred to as one which is in existence at the time of the testator's death, may be prepared before or after the execution of the will, may be altered by the testator at any time and may be a writing that has no significance apart from its effect on the dispositions made by the will. When distribution is made pursuant to such a written statement or list, a copy thereof shall be furnished to the commissioner of accounts along with the legatee's receipt.

A personal representative shall not be liable for any distribution of tangible personal property to the apparent legatee under the testator's will made without actual knowledge of the existence of a written statement or list, nor shall he have any duty to recover property so distributed. However, a person named to receive certain tangible personal property in a written statement or list which is effective under this section, may recover that property, or its value if the property cannot be recovered, from an apparent legatee to whom it has been distributed in an action brought for that purpose within one year after the probate of the testator's will.

This section shall not apply to a writing admitted to probate as a will and, except as provided herein, shall not otherwise affect the law of incorporation by reference. 64.1-45.1.

Wills of living persons lodged for safekeeping with clerks of certain courts: Any person or his attorney for him may, during his lifetime, lodge for safekeeping with the clerk of a court having probate jurisdiction in the county or city of his residence any will executed by such person; and the clerk shall thereupon receive such will and give the person lodging it a receipt therefor. The clerk shall then place the will in an envelope and seal it securely, numbering the envelope and endorsing thereon the name of the testator and the date on which it is so lodged, and shall index the same alphabetically in a permanent index kept for the purpose, showing therein the number and date such will is so deposited. The fee for such lodging, indexing and preserving shall be two dollars, which shall be paid to the clerk when the will is received.

Any attorney-at-law, bank or trust company may, upon holding a will lodged with him or it for safekeeping by a client for seven years or more, and having no knowledge of whether the said client is alive or dead after such time, lodge such will with the clerk as provided in the preceding paragraph for which the clerk shall be paid two dollars for such lodging, indexing and preserving.

The clerk shall carefully preserve the envelope containing the will unopened until it is returned to the testator or his nominee in his lifetime upon his request in writing therefor or until the death of the testator. Should such will be returned in the testator's lifetime as hereinbefore provided and later returned to the clerk it shall be considered as a separate lodging under the provisions of this section.

Upon notice of the testator's death, the clerk shall open the will and deliver the same to any person entitled to offer it for probate.

Provided, the provisions of this section shall be applicable only to the clerk's office of a court wherein theretofore has been entered, by the judge or judges of such court, an order authorizing the use of its clerk's office for such purpose. 64.1-56

Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

Interested persons as competent witnesses: No person shall be incompetent to testify for or against the will solely by reason of any interest in the will or the estate of the testator. 64.1-51.

This section shall not apply to a writing admitted to probate as a will and, except as provided herein, shall not otherwise affect the law of incorporation by reference. 64.1-45.1.

Upon notice of the testator's death, the clerk shall open the will and deliver the same to any person entitled to offer it for probate.

Virginia Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

This form is part of a form package!

What is this form?

Main sections of this form

Related forms

Common use cases

Who needs this form

Instructions for completing this form

Notarization guidance

Get your form ready online

Common mistakes to avoid

Why complete this form online

Looking for another form?

Viewed forms

Form popularity

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Trusted and secure by over 3 million people of the world’s leading companies

Virginia Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children

This form is part of a form package!

What is this form?

Main sections of this form

Related forms

Common use cases

Who needs this form

Instructions for completing this form

Notarization guidance

Get your form ready online

Common mistakes to avoid

Why complete this form online

Looking for another form?

Viewed forms

Form popularity

Virginia Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children Related Searches

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