In Florence, Arizona, 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.
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 a complicated trust arrangement.
But even if the will is comparatively simple, some preventable problems can derail the process. An accomplished lawyer in Florence, Arizona who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
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 Florence, Arizona
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 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.
But you should be aware that not all states authorize holographic wills. In these states, you are still authorized 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 estate is fairly small, and the devises you wish to make aren't very perplexing, 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 Florence, Arizona Lawyer Help?
Because there are particular formalities which must be followed in drafting wills, it's always a good idea to seek the advice of a Florence, Arizona 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.