Even with a trust, a will is an essential pillar of your estate plan. It allows you to direct the distribution of property, name guardians for minor children, and even leave a legacy through charitable donations.
Unlike an Advance Medical Directive (or "living will") that manages your care during your lifetime, a Last Will and Testament only takes effect after death. At C&O Law Group, we help clients throughout the DMV ensure their wills are legally sound and reflect their unique family goals.
Legal Requirements Across the DMV
While the basics of a valid will are similar across Washington, D.C., Maryland, and Virginia, each jurisdiction has specific nuances regarding handwritten (holographic) or oral (nuncupative) wills.
| Requirement | Virginia | Maryland | Washington, D.C. |
|---|---|---|---|
| Minimum Age | 18 | 18 | 18 |
| Testator Signature | Required | Required | Required |
| Witnesses | 2 Competent Witnesses | 2 Credible Witnesses | 2 Credible Witnesses |
| Handwritten Wills | Valid if entirely in your hand | Only for military (limited) | Not recognized |
| Oral Wills | Not recognized | Not recognized | Only for military (limited) |
Guardianship for Minor Children
For parents, the most vital role of a will is naming a guardian. If both parents pass away, the court will prioritize the individual named in your will rather than choosing someone on its own.
We recommend selecting a primary guardian and at least one backup who shares your values and philosophy on child-rearing. Our team at C&O Law Group can also help you establish financial structures, like minor's trusts, to provide for your children's needs until they reach adulthood.
Pour-Over Wills: Your Safety Net
A pour-over will acts as a safety net, ensuring that any assets not included in your trust during your lifetime are transferred into it upon your death. This helps maintain the integrity of your estate plan and ensures your wishes are fully honored.
If you have a Revocable Trust, a "pour-over" will is a critical backup. Despite your best efforts, you may forget to transfer a specific asset (like a new bank account or vehicle) into your trust.
Without a pour-over will, those forgotten assets would be distributed according to state "intestacy" laws—meaning the government, not you, decides who gets them. A pour-over will ensures any stray assets "pour" into your trust upon your death, keeping your estate plan consistent and private.
Contact C&O Law Group today to draft or review your Last Will and Testament.
Call +1 703-401-2078