LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

TABLE OF CONTENTS

1. Article I – Recitals & Revocation
2. Article II – Definitions
3. Article III – Family Information
4. Article IV – Payment of Debts, Expenses & Taxes
5. Article V – Specific Bequests
6. Article VI – Residuary Estate
7. Article VII – Appointment of Executor & Administrative Powers
8. Article VIII – Guardianship of Minor Children (Optional)
9. Article IX – Survivorship & Simultaneous Death
10. Article X – Spendthrift, No-Contest & Executor Indemnity
11. Article XI – Governing Law; Forum Selection
12. Article XII – Miscellaneous
13. Article XIII – Execution & Attestation (Virginia-Compliant)
14. Article XIV – Self-Proving Affidavit (Va. Code Ann. § 64.2-452)

[// GUIDANCE: Bracketed text must be customized before execution. Remove all guidance notes prior to signing.]

ARTICLE I

RECITALS & REVOCATION

1.1 Identification. I, [TESTATOR FULL LEGAL NAME], presently residing at [STREET ADDRESS, CITY/COUNTY, VIRGINIA], being of lawful age and of sound mind and disposing memory, hereby declare this instrument to be my Last Will and Testament (the “Will”).

1.2 Revocation of Prior Instruments. I hereby revoke all prior wills and codicils made by me at any time heretofore.

ARTICLE II

DEFINITIONS

Unless otherwise required by the context, the following capitalized terms have the meanings set forth below and apply throughout this Will:

“Child” or “Children” means each of my biological or legally adopted children, whether now living or hereafter born or adopted.

“Executor” means the individual(s) appointed in Article VII (including any Successor Executor) acting in such fiduciary capacity.

“Personal Property” means all tangible personal property owned by me at death, including household goods, jewelry, vehicles, and similar items, but excluding cash, marketable securities, and real property interests.

“Spouse” means [SPOUSE’S FULL LEGAL NAME], provided we are legally married at the time of my death.

ARTICLE III

FAMILY INFORMATION

For the purpose of establishing my family situation, I state the following facts, which shall not constitute a contractual representation but may assist in probate administration:

a. Marital Status: I am [married to [SPOUSE’S NAME] / single / widowed / divorced].
b. Children: I have the following children: [LIST FULL NAMES & DATES OF BIRTH].
c. Other Dependents: [None / [NAMES]].

[// GUIDANCE: Accurate family details reduce the likelihood of post-mortem disputes.]

ARTICLE IV

PAYMENT OF DEBTS, EXPENSES & TAXES

4.1 Debts & Administration Expenses. I direct my Executor to pay from my residuary estate all enforceable debts, funeral expenses, testamentary expenses, and costs of estate administration as soon as practicable.

4.2 Taxes. All estate, inheritance, and other death-related taxes (including any interest or penalties thereon) attributable to property passing under this Will or otherwise shall be paid from the residuary estate, without apportionment among beneficiaries, unless prohibited by applicable law.

ARTICLE V

SPECIFIC BEQUESTS

5.1 Tangible Personal Property Memorandum. I may leave a written statement or list, signed and dated by me, disposing of specific items of tangible personal property. The statement or list, if located by my Executor, shall be given effect as permitted under Virginia law.

5.2 Monetary & Specific Gifts. Subject to Article IV, I make the following outright gifts:

a. [BENEFICIARY NAME] – $[AMOUNT].
b. [BENEFICIARY NAME] – [DESCRIPTION OF ASSET].

[// GUIDANCE: Delete Section 5.2 if no specific bequests.]

5.3 Lapse & Anti-Lapse. Any specific bequest that fails because the beneficiary is not living at my death shall lapse and pass under Article VI, unless otherwise provided by statute.

ARTICLE VI

RESIDUARY ESTATE

6.1 Disposition. I devise, bequeath, and give all the rest, residue, and remainder of my estate, real and personal, and wherever situate (the “Residuary Estate”) to [PRIMARY RESIDUARY BENEFICIARY NAME].

6.2 Alternate Disposition. If the primary residuary beneficiary fails to survive me by the survivorship period specified in Article IX, the Residuary Estate shall pass to [ALTERNATE BENEFICIARY / PER STIRPES TO MY CHILDREN].

6.3 Per Stirpes Interpretation. References to distribution “per stirpes” shall be construed in accordance with Va. Code Ann. § 64.2-100 (2023) or any successor provision.

ARTICLE VII

APPOINTMENT OF EXECUTOR & ADMINISTRATIVE POWERS

7.1 Appointment. I nominate and appoint [PRIMARY EXECUTOR NAME] as Executor of this Will. If he or she is unable or unwilling to serve, I nominate [SUCCESSOR EXECUTOR NAME].

7.2 Bond Waiver. I request that no bond or other security be required of any Executor, except as the probate court may expressly order.

7.3 Fiduciary Powers. In addition to powers granted by law, my Executor shall have, without court order, the powers enumerated in Va. Code Ann. § 64.2-105 (2023), including but not limited to:

a. Sell, lease, exchange, or otherwise dispose of estate assets, real or personal, publicly or privately, with or without security;
b. Settle, compromise, or contest claims for or against the estate;
c. Make elections with respect to taxes;
d. Continue or wind up any business in which I held an interest;
e. Employ and compensate professional advisors;
f. Execute instruments necessary to effectuate the foregoing.

7.4 Executor Indemnity & Liability Cap. The Executor shall be indemnified out of the estate against any liability incurred in good-faith administration, and no Executor shall be personally liable beyond the value of the distributable estate assets.

ARTICLE VIII

GUARDIANSHIP OF MINOR CHILDREN (Optional)

If, at my death, I am the natural or adoptive parent of a minor child as defined by Virginia law, and such child’s other legal parent is not living or is unable or unwilling to serve, I nominate [GUARDIAN NAME] as guardian of the person and property of such minor child.

ARTICLE IX

SURVIVORSHIP & SIMULTANEOUS DEATH

9.1 Thirty-Day Survivorship. A beneficiary must survive me by thirty (30) days to take under this Will. Property not passing because of this survivorship requirement shall be distributed as if that beneficiary predeceased me.

9.2 Uniform Simultaneous Death Act. If the order of death between any beneficiary and me is uncertain, the provisions of the Virginia Uniform Simultaneous Death Act shall govern.

ARTICLE X

SPENDTHRIFT, NO-CONTEST & EXECUTOR INDEMNITY

10.1 Spendthrift. To the maximum extent permitted by law, the interest of any beneficiary under this Will shall not be subject to the claims of creditors nor to legal process and may not be voluntarily or involuntarily alienated or encumbered.

10.2 No-Contest (In Terrorem) Clause. If any beneficiary shall directly or indirectly contest the validity of this Will or any of its provisions, any share or interest given to that beneficiary shall be forfeited and shall pass as though such beneficiary had predeceased me. This clause shall not apply to actions instituted in good faith and with probable cause to determine the construction or administration of this Will.

10.3 Indemnity Reaffirmed. See Article VII § 7.4 for Executor indemnity and liability limitations.

ARTICLE XI

GOVERNING LAW; FORUM SELECTION

11.1 Governing Law. This Will and all rights hereunder shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia (without regard to conflict-of-laws principles).

11.2 Exclusive Forum. Exclusive jurisdiction and venue for the probate or contest of this Will shall lie in the appropriate Virginia state probate court for the city or county in which I reside at death.

[// GUIDANCE: Probate jurisdiction in Virginia is vested in the circuit court having probate jurisdiction for the city/county of domicile (§ 64.2-443).]

ARTICLE XII

MISCELLANEOUS

12.1 Headings. Section headings are for convenience only and shall not affect the interpretation of this Will.

12.2 Severability. If any provision of this Will is determined to be invalid or unenforceable, the remaining provisions shall remain fully effective.

12.3 Gender & Number. Where appropriate, words of one gender shall include all genders, and words in the singular shall include the plural and vice versa.

ARTICLE XIII

EXECUTION & ATTESTATION (VA REQUIREMENTS)

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], have signed this Will on this [DAY] day of [MONTH], [YEAR], at [CITY/COUNTY], Virginia, in the presence of the undersigned witnesses, who at my request and in my presence, and in the presence of each other, have hereunto subscribed their names as attesting witnesses, all in accordance with Va. Code Ann. § 64.2-403 (2023).

ATTESTING WITNESSES

We, the undersigned witnesses, hereby declare that the Testator signed and acknowledged this instrument as the Testator’s Last Will and Testament in our presence, and that we, in the Testator’s presence and at the Testator’s request, and in the presence of each other, have subscribed our names as witnesses on the date and at the place set forth above. We are each at least eighteen (18) years of age and otherwise competent to act as witnesses.

ARTICLE XIV

SELF-PROVING AFFIDAVIT
(Va. Code Ann. § 64.2-452)

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ____

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], who, being duly sworn, did each, for themselves, say that:

1. The Testator executed the foregoing instrument as the Testator’s Last Will and Testament.
2. The Testator signed willingly (or expressly directed another to sign for the Testator), and acknowledged such execution in the presence of the undersigned witnesses.
3. Each witness signed the Will in the presence and hearing of the Testator and of each other.
4. To the best of the witnesses’ knowledge, the Testator was eighteen (18) years of age or older, of sound mind, and under no undue influence or restraint.

Subscribed, sworn to, and acknowledged before me by the Testator and the witnesses on this ___ day of _, _____.

Notary Public Signature

Notary Public, Commonwealth of Virginia
My commission expires: ___
Notary Registration No.: __

[// GUIDANCE:
1. All signatures must be executed in one sitting to avoid questions of attestation.
2. Although Virginia does not require notarization for validity, the self-proving affidavit significantly streamlines probate.
3. Ensure witnesses are disinterested (i.e., not receiving gifts under the Will) to avoid challenges.
4. Store the signed original in a secure, fire-protected location and inform the nominated Executor of its whereabouts.]