In Batesville, Arkansas, many of the problems 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.
The process of drafting and executing a will can be very simple with the average estate which has only a moderate amount of assets held in only a few locations (a couple bank accounts, a house, maybe a stock portfolio). This is also true if the decedent simply wants to give their property to a few immediate family members, without setting up a complicated trust arrangement.
However, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A brilliant Batesville, Arkansas wills and trusts lawyer can help you avoid these problems.
Many problems with wills can be caused by failing to follow the required formalities. These requirements are not very complicated, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.
Holographic Wills in Batesville, Arkansas
In some states, "holographic wills" are valid. A holographic will is written by hand, in the testator's own handwriting. Such will do not need to have any witnesses to be valid.
A holographic will, where they are authorized, will typically be interpreted liberally, to give effect to the testator's intent if at all possible.
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 complex, 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 Batesville, Arkansas Lawyer Help?
Because of the formalities that must accompany most wills, it might be wise to have a Batesville, Arkansas attorney help you draft it.