In Osceola, Arkansas, many of the dilemmas 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 procedure 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 an intricate trust arrangement.
But even if the will is comparatively simple, some preventable problems can derail the process. An efficient lawyer in Osceola, Arkansas who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
Many problems with wills are due to some of the standard formalities not being followed. The formalities incorporated in drafting and executing a will are not particularly convoluted, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It typically must also be witnessed and signed by at least 2 people who do not have any stake in the will.
Holographic Wills in Osceola, Arkansas
In some states, "holographic wills" are legitimate. 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.
If holographic wills are valid in your state, courts will, as with any will, have to figure out what is truly 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.
But you should be aware that not all states permit holographic wills. In these states, you are still permitted to hand write your will if you so desire, but they must be accompanied by all the formalities necessary by the law of that state.
If your state recognizes them, a holographic will might be a good option if you have a very small estate, and wish to make very simple devises. Nonetheless, 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 Osceola, Arkansas Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a reliable Osceola, Arkansas attorney help you draft your will, even if it is relatively simple.