Most of the problems that can pop up with wills in Helena, Montana, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.

If your estate does not have a huge amount of assets, your assets are limited to cash and personal belongings, and you wish to leave all your property to your immediate family and friends, the process of drafting your will is likely to be fairly simple.

But even if the will is relatively simple, some preventable problems can derail the process. An experienced lawyer in Helena, Montana who specializes in wills and estate planning can help make sure that this doesn't happen to your will.

Most of the pitfalls that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly difficult, but they have to be followed to the letter if a will is to be valid. Usually, 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 Helena, Montana

If you need to make a will quickly, some states allow 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.

Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of actually being implemented, since they will rarely be invalidated on technicalities.

You should know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities required by the laws of the state it is made in.

If your estate is relatively small, and the devises you wish to make aren't very difficult, a holographic will can be a good option if they're valid in your state. Of course, it's never a bad idea to make a will with the assistance of a lawyer.

How Can A Helena, Montana Lawyer Help?

Because there are certain formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a Helena, Montana attorney in drafting your will. Even if your will is going to be very simple, and you have the formalities all figured out, mistakes can be made.