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Simple Will In Virginia

The world of estate planning can seem overwhelming, especially when you are not used to some of the legal terms involved. While you may be familiar with the term “will,” for instance, if someone talks about a “simple will” you may not understand precisely what it includes and what makes it different from other wills. 

At Commonwealth Life & Legacy Counsel, we aim to make estate planning accessible and understandable for everyone. A simple will is often the cornerstone of a straightforward estate plan, and understanding its importance is the first step towards securing your legacy and ensuring your wishes are respected.

What Is a Simple Will?

A simple will is a legal document that outlines how you want your assets distributed after your passing. It names an executor who will manage the estate and fulfill your wishes. For many in Virginia, a simple will provides a clear, concise way to communicate their final wishes concerning their assets, guardianship of minor children, and any final arrangements.

Why You Might Consider a Simple Will in Virginia

Considering a simple will in Virginia is crucial for ensuring your assets are distributed according to your wishes in a straightforward and cost-effective manner. It is especially suited for those with uncomplicated estates.

  • Clarity and Simplicity: A simple will is straightforward, making it ideal for estates that aren’t complicated by numerous assets or complex family situations.
  • Affordability: Typically, drafting a simple will is less costly than more complex estate planning documents.
  • Peace of Mind: Knowing you have a plan in place can provide you and your loved ones immense peace of mind.

Key Elements of a Simple Will

The key elements of a simple will include asset distribution, executor appointment, and guardianship decisions. They provide a clear framework for managing your estate and caring for loved ones after you’re gone.

  1. Asset Distribution: Specifies who receives your assets and property.
  2. Executor Appointment: Names the individual responsible for managing your estate.
  3. Guardianship: Outlines guardianship preferences for any minor children.

Considerations When Creating a Simple Will in Virginia

While a simple will can be a great tool for many, carefully considering your unique situation is essential. Some factors, such as owning out-of-state property or having a blended family, might necessitate a more complex estate plan. If you have minor children, you might want to include a testamentary trust in your will to provide for management of your children’s property if you should pass away before they turn 18 or are ready to assume management of the assets. Or, if you have a trust, you might need what’s known as a pour-over will to coordinate with your trust. 

The Process of Drafting a Simple Will

Creating a simple will involves several key steps, from deciding how you want your assets divided to choosing an executor and, if applicable, a guardian for minor children. It’s advisable to consult with an estate planning lawyer to ensure your will is legally sound and fully reflects your wishes.

Updating Your Will

Life changes, such as marriage, divorce, the birth of children, or significant asset acquisition, may necessitate updates to your will. Regularly reviewing and updating your will ensures it accurately reflects your current wishes and circumstances.

Common Misconceptions About Wills

It is important to understand why some common myths about wills simply are not true. Here are two misconceptions we hear most often:

  • “I Don’t Need a Will If I Don’t Have Many Assets”: Even with modest assets, a will is essential to avoid confusion, prevent potential disputes, and ensure your wishes are honored.
  • “My Spouse Will Automatically Inherit Everything”: Without a will, state laws dictate asset distribution, which might not align with your wishes


Before making any decisions, it is a good idea to talk to an estate planning attorney and learn the ultimate ramifications of those decisions. 

Ready to Start Your Estate Planning Journey?

Drafting a simple will is critical in protecting your legacy and providing for your loved ones. If you’re ready to take this step or have questions about estate planning in Central Virginia, Commonwealth Life & Legacy Counsel is here to help.

Our approachable team can help assess your needs and prepare just the right plans to meet your goals without unnecessary complexity. 

Call Commonwealth Life & Legacy Counsel in Central Virginia at (434) 589-2958 or in Powhatan at (804) 598-1348 or reach out online to set up a free consultation to discuss your estate planning needs. We are committed to making estate planning accessible and understandable, ensuring you feel confident and secure in your decisions.