National Make a Will Month: What You Should Know

August marks National Make a Will Month, offering a timely reminder to review one of the most essential pieces of any estate plan. Many people know they should have a will, but the details of what it does—and does not do—can be less clear. Taking time to understand how a will works can help prevent costly assumptions and ensure your intentions are honored.

A will is more than a formality. It serves as your voice when you cannot speak for yourself, guiding how your assets are handled and who is entrusted with important responsibilities. Without this document, Virginia’s intestacy laws determine how your estate is distributed, which may not align with your personal wishes. For individuals and families throughout Hampton Roads, a well-prepared will can offer clarity and peace of mind.

Why a Will Is So Important

A will provides direction about your estate and the people you care about. It explains how you want certain assets distributed, identifies the person responsible for managing your estate, and names a guardian for minor children when necessary. These choices are highly personal, and putting them in writing helps ensure they are carried out as intended.

Without a will, Virginia’s default rules step in. While these laws create a general framework, they do not reflect unique family structures, blended relationships, or specific preferences. Many families in Smithfield, Isle of Wight County, and surrounding communities have circumstances that a one-size-fits-all legal approach simply cannot anticipate.

Creating a will allows you to bring order to these decisions. It reduces confusion, limits uncertainty, and gives your loved ones clear guidance during an emotional time.

How a Will Fits Into a Full Estate Plan

A will lays the groundwork for your estate plan, but it is only one part of a larger strategy. A complete plan typically includes several documents, each serving a different purpose.

For example, beneficiary designations on retirement accounts and life insurance policies determine who inherits those assets directly. These designations operate outside your will and override anything written there. Likewise, powers of attorney and advance medical directives address decisions you may need made while still alive but unable to act on your own.

The goal is coordination. Every document should support the others to avoid gaps, contradictions, or confusion. While a will plays an essential role, it works best when it is part of a cohesive estate planning structure.

What a Will Can Accomplish

A will functions as a legal instruction set that takes effect after your passing. It outlines your wishes, organizes how property is handled, and ensures responsibilities are assigned clearly.

Most wills accomplish three key objectives:

• They spell out how specific assets should be distributed.
• They allow you to appoint a guardian for minor children.
• They name an executor who will follow your instructions and manage the estate process.

These elements matter even in seemingly simple situations. Whether you want certain belongings to go to particular individuals or your family dynamic requires careful planning, a will lets you document your intentions clearly.

Providing your loved ones with direct guidance also helps prevent misunderstandings. When expectations are fully outlined, it becomes easier to minimize conflict during estate administration.

What a Will Cannot Do

Although a will is powerful, it has limitations—understanding those boundaries is just as important.

One common misconception is that a will bypasses probate. In fact, a will goes through probate. Probate is the legal process that validates the will, gives the executor authority, and ensures assets are distributed according to your instructions. Think of the will as the roadmap and probate as the process for following it.

A will also does not control every type of asset. Items with designated beneficiaries—such as retirement accounts and life insurance—pass directly to those beneficiaries regardless of what the will states. Property owned jointly may also transfer automatically outside the will.

Additionally, a will only applies after death. It does not help in situations where you are alive but unable to make decisions. That is where powers of attorney and advance medical directives become essential components of any Virginia estate plan.

Finally, a will does not erase debts or guarantee a quick settlement. Creditors are addressed before distributions occur, and the length of probate depends on the complexity of the estate.

Common Questions About Wills

People often have similar questions about whether a will is necessary and how it works in different situations.

Do married individuals need a will?
Yes. While spouses have certain rights under Virginia law, those rules may not reflect your exact preferences. A will allows you to decide how assets should be handled and who should manage the estate, especially if children or blended family considerations are involved.

Is a will necessary if you don’t have significant assets?
Yes. Wills are not only for large estates. A will ensures that whatever you do have is passed on properly and that guardianship and administrative decisions are addressed clearly.

Can a will override beneficiary designations?
No. Beneficiary designations take priority. Keeping these updated—and aligned with your plan—is critical.

Is creating a will enough?
Not always. While it is an important part of your plan, it does not address every situation. Additional documents are often needed to cover financial, legal, and healthcare decisions.

When to Review or Update Your Will

A will is not a one-time project. As life changes, your estate plan should change with it. Major life events—marriage, divorce, the birth or adoption of children, or significant financial shifts—often require updates. Buying or selling property can also affect how your estate should be structured.

Even without major changes, periodic reviews help ensure your will still reflects your wishes. An outdated document can create confusion and unintended outcomes during administration.

Creating an Estate Plan That Truly Works for You

A will brings structure and direction to your estate planning goals. It documents your wishes and offers your loved ones clarity during a challenging time. But a will alone is not enough. It does not avoid probate, it cannot control every asset, and it does not handle incapacity planning.

Taking a thoughtful and coordinated approach ensures all elements of your plan work together effectively. If it has been some time since you reviewed your will—or if you are unsure how your current documents fit together—now is a good moment to revisit them. McFather Law Firm PLLC can help you examine your existing plan, identify any gaps, and ensure everything aligns with your long-term goals.