It seems like the easiest thing in the world—sign your name, have a couple witnesses watch, and boom, you’ve got a will. What could possibly go wrong?
Turns out, quite a bit. And unfortunately, families don’t find out until it’s too late.
The Problem Nobody Sees Coming
As an estate planning attorney, I’ve watched this heartbreaking scene play out more times than you would expect. A grieving family walks into the Clerk of Court’s office with their loved one’s will, ready to start handling the estate. The clerk takes a look and explains that the will can’t be accepted without going before a judge because it wasn’t signed correctly.
Maybe the witnesses or notary signed in the wrong place. Maybe there’s no notary seal. These seemingly minor details? They can sink the entire will.
What’s a Self-Proving Will Anyway?
Under Virginia Code § 64.2-452, you can make your will “self-proving” by having special language and a notary seal. You want your will to be self-proving because it is a way to probate a will without jumping through a lot of hoops.
With a self-proving will, the clerk can accept it right away. Without one? Your family has to track down the people who watched you sign and get them to give sworn testimony about what happened.
When Your Witnesses Disappear
Here’s where things get really tricky. If your will isn’t self-proving, the witnesses have to be found to sign statements to confirm the will is legitimate.
But life happens. Your neighbor who witnessed your will moves to Arizona or dies. Your coworker retires to Florida. Time passes, and suddenly your family is playing detective, trying to track down people from five, ten, or fifteen years ago. Or maybe you took your will to the bank and had it witnessed and notarized there. If your family can’t find the witnesses, your will might be impossible to probate.
The Expensive Fix
When a will gets rejected by the clerk, your family needs to hire a lawyer to petition the Court for help. This means court filings, legal arguments, and at least one hearing. The cost? Often way more than hiring an attorney to do it right in the first place.
Smart People Make These Mistakes Too
Look, I get it. You’re perfectly capable of reading instructions and signing your name. But here’s the thing—there are legal requirements that aren’t always obvious, even to really careful people.
What We Actually Do
When you work with an estate planning attorney, we don’t just hand you papers to sign. We walk you through the whole signing process, provide the witnesses, make sure everyone signs in the right order, and make sure that every box gets checked.
It’s not about being complicated—it’s about making sure your will actually works when your family needs it.
Make It Easy for Your Family
Don’t let your family deal with legal headaches while they’re grieving. Getting professional help now saves money, stress, and heartache later. Your family deserves a smooth process during an already difficult time.
Visit our website or call our office at (540)389-6060 to see how Robyn can help you make the estate planning process a breeze.
Legal Disclaimer. The information provided in this blog post is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading or interacting with this content. Laws vary by jurisdiction and individual circumstances differ, so you should consult with a qualified attorney in your area for advice specific to your situation.
