Estate Planning Updates – What’s Happening in Virginia?

At Wakefield Law, we help clients every day with their estate plans.  Something that we tell every client is that the estate planning landscape is always updating and changing.  In Virginia, across the country, and in our Northern Virginia community, recent legal updates and client trends have introduced important new facets that are relevant in estate planning – here are three major subjects that we are talking to clients about in our meetings:

1. Clarifications on the Power of Attorney and Amendments

A recent Virginia Court of Appeals decision has underscored the importance of precise language in estate planning documents. In Kosmann v. Brown, the court ruled that a power of attorney does not automatically grant authority to amend a trust unless explicitly stated. This decision highlights the need for careful drafting to avoid unintended consequences in fiduciary administration.  Just because you have a Power of Attorney does not mean that your trusted person could make amendments to your documents if they were needed.  That language needs to be explicit if you want that power conferred.

2. Federal Estate Tax Exclusion Adjustments

The federal estate tax exclusion has seen an increase, reaching $13.99 million per person in 2025. This means estates valued below this threshold are exempt from federal estate taxes. However, this exclusion is set to decrease by 2026, making it essential for high-net-worth individuals to revisit their estate plans and consider tax-saving strategies.

3. Growing Importance of Advance Healthcare Directives

Since the COVID-19 pandemic, there has been a notable rise in individuals prioritizing advance healthcare directives. More of our clients come to us with that as one of their most important goals, and we are ensuring that the proper agent is appointed and their medical preferences are documented.

These are just three legal focuses, but hopefully they illustrate that the landscape of the world around us is always changing.  Personal changes make updates to an estate plan just as vital.  Generic documents may not provide the necessary protections, and outdated plans could lead to unintended disputes or resolutions. Consulting with an experienced estate planning attorney ensures that your documents align with current laws and safeguard your interests.

If you haven’t met with an attorney to discuss updating your estate plan recently, now is the time to do so.  At Wakefield Law, we specialize in crafting comprehensive estate plans tailored to your unique needs using a flat fee model so there are no surprises in regard to costs.  We offer free consultations, so contact us today to schedule a meeting in person or virtually to ensure your estate plan is up to date with current laws and your current wishes.  703.771.9740/law@wakefieldpllc.com