In Callaway, Florida, many of the pitfalls 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.
Generally, the larger your estate, and the more separate devises you want to make, the more complex the process of drafting your will is going to be. For most people, however, the process can be fairly simple.
But even with "simple" wills, some easily-avoidable problems come up more often than they need to. A good Callaway, Florida attorney can help you avoid these problems with careful will preparation.
Many problems with wills can be caused by failing to follow the necessary formalities. These requirements are not very complex, 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 Callaway, Florida
In some states, you can make what is known 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.
If holographic wills are valid in your state, courts will, as with any will, have to figure out what is actually 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.
You should, however, know that not all states allow holographic wills. In such states, you can still hand write your will if you want, but all the formalities, such as witnesses, must be present.
If your state allows 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 Callaway, Florida Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is usually a good idea to have a Callaway, Florida attorney help you make it, or at least go over it after you have written it, to make sure there aren't any problems with it.