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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?

The Last Will and Testament for Divorced Person Not Remarried with Adult and Minor Children is a legal document that outlines how a divorced individual, who has both adult and minor children, wishes to distribute their property and assets upon death. Unlike other wills, this form is specifically tailored for those who are divorced and have not remarried, addressing the unique considerations of both adult and minor children in the estate planning process.

What’s included in this form

Personal Information: Your name, county of residence, and details about your children.
Executor Designation: Appointment of a personal representative or executor to manage your estate.
Specific Bequests: Sections to specify particular properties to be given to designated individuals.
Trust Provisions: Establishing a trust for minor children until they reach a specified age.
Guardian Appointment: Designation of a guardian for minor children in case of death.
Signature Requirements: Instructions on signing the will in front of witnesses and notarization if applicable.

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

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When to use this document

This form should be used by individuals who are divorced and not remarried, particularly if they have both adult and minor children. It is essential for those who want to ensure that their children are cared for and that their assets are distributed according to their wishes after their death. This form is especially useful when one wishes to create a trust for minor children to manage their inheritance until they reach maturity.

Who can use this document

Individuals who are divorced and currently not remarried.
Parents with both adult and minor children who need to plan for their estate.
Those looking to establish guardianship for their minor children upon death.
Anyone wanting to create specific bequests for adults in their will.

Completing this form step by step

Identify and fill in your personal information, including your name and county of residence.
List all of your children, including their names and birthdates.
Designate an executor who will manage your estate after your death.
Specify any particular items you wish to bequeath to specific individuals.
Establish provisions for a trust for any minor children until they reach the desired age.
Sign the will in front of two witnesses and, if desired, have it notarized for added legal validity.

Is notarization required?

This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.

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

Avoid these common issues

Failing to include all children in the will, especially after a divorce.
Not having the will signed by required witnesses, potentially invalidating it.
Overlooking the establishment of a trust for minor children.
Not clearly specifying the distribution of specific properties.

Benefits of using this form online

Immediate access to a legally drafted will tailored for your situation.
Easy to fill out and edit as needed, allowing personalization according to your wishes.
Secure storage of your will, easily downloadable for your records.
Cost-effective compared to hiring a lawyer for drafting a will.

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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?

What’s included in this form

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When to use this document

Who can use this document

Completing this form step by step

Is notarization required?

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Avoid these common issues

Benefits of using this form online

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