Creating a will is a key part of preparing for the future. It lets you decide who should receive your property and who will handle your affairs when you pass away.
Some people consider writing their own will to save time or money, but doing it yourself comes with risks. Below are some crucial points to consider.
It is technically legal
In Virginia, it is legal to write your own will. A handwritten will, known as a holographic will, must be entirely in your handwriting, signed by you, and witnessed by two impartial witnesses. A typed will is also valid if it is signed by you and two witnesses who are present simultaneously.
The risks
Many do-it-yourself wills fail because they miss key legal requirements. A missing signature or an unclear statement can cause a court to reject the will. If that happens, your property may be divided under Virginia’s default rules instead of how you intended. This could leave out people you meant to provide for or include individuals you did not intend to benefit.
Clarity is crucial
Vague or confusing language in a will can lead to disputes. If your instructions are unclear, your loved ones may disagree on what you meant. This can lead to court involvement, delays and stress. Simple mistakes in wording can result in outcomes you did not want.
Writing your own will is permitted in Virginia, but it carries certain risks. If the will is not clear or legally valid, your instructions may not be followed. Anyone choosing to draft a will should first seek reliable legal guidance.
