Lost Will Means Trouble

Don't make this mistake: hide your Last Will and Testament.

Many times I have had people call me to say their parent, spouse or relative died, and ".. we can't find the Will!" Why go to the bother of planning how you desire your estate to pass, and then go through the process of designating gifts to various family members, institutions, or friends in you WIll, only to have your estate pass through the intestacy laws because no one can find the original of your Will?

Under Virginia law, even a copy of a will may not pass probate muster. The law presumes a lost Will has been destroyed by the testator, and proof to the contrary has to be established by "clear and convincing evidence."

Therefore, once you have exectued your Last Will and Testament, place the original someplace secure, but accessible by a spouse, child, or trusted friend. A safety deposit box at your bank is always a good place to secure your valuables.