In Rohnert Park, California, many of the complications that sometimes come with a will, such as would-be beneficiaries challenging its validity, or devises which don't make it clear who gets what (resulting in costly and time-consuming litigation) can be avoided if the will is well-drafted in the first place.

Drafting a will doesn't need to be a convoluted or particularly expensive process. If you have a small to moderate amount of assets (limited to a home, a car, and a few bank/investment accounts), and don't need to set up trusts or anything similar, you can probably have a will written in just a couple days, for a relatively small fee.

However, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A brilliant Rohnert Park, California wills and trusts lawyer can help you avoid these problems.

Most of the complications that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly perplexing, but they have to be followed to the letter if a will is to be valid. Normally, wills have to be witnessed and signed by at least 2 people, and it must include a clear statement that the document is, in fact, a will. You should choose the witnesses carefully, because if they have any direct interest in the will, they won't count as valid witnesses.

Holographic Wills in Rohnert Park, California

If you need to make a will quickly, some states authorize you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.

If holographic wills are valid in your state, courts will, as with any will, have to figure out what is really being said, and resolve ambiguities. Because holographic wills are not always written under ideal conditions, they have to be interpreted very liberally, so they can be given effect and not fail for technical reasons.

You should be aware that not all states recognize holographic wills. In such states, you can of course still handwrite your will if you want. But for the will to be valid, it has to be accompanied by all the formalities (including witnesses) needed for any other will.

If your state recognizes them, a holographic will might be a reasonable option if you have a very small estate, and wish to make very simple devises. However, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.

How Can A Rohnert Park, California Lawyer Help?

Because of the various required formalities that accompany a will, it's not a bad idea to have a brilliant Rohnert Park, California attorney help you draft your will, even if it is relatively simple.