In Sherwood, 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 intricate trust arrangement.
But even if the will is relatively simple, some preventable problems can derail the process. An efficient lawyer in Sherwood, 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 required formalities not being followed. The formalities involved in drafting and executing a will are not particularly complicated, 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 Sherwood, Arkansas
In some states, you can make what is identified as a "holographic will." This is simply a will which is handwritten, in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it probably wasn't written by a lawyer. This is to make it much easier to truly give your wishes effect.
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 state permits them, a holographic will might be a good way to go in some cases. For example, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. However, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A Sherwood, Arkansas Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a knowledgeable Sherwood, Arkansas attorney help you draft your will, even if it is relatively simple.