In Fort Myers Beach, Florida, 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.
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 Fort Myers Beach, Florida attorney can help you avoid these problems with careful will preparation.
A significant percentage of the problems that prevent wills from taking effect are caused by failing to follow the required formalities in will preparation. In most states, wills need to be witnessed and signed by at least two people who have no direct interest in the matter. They also have to include a clear written statement that the document is, in fact, the testator's will. It also has to be witnessed by at least two people. Witnesses cannot be anyone who has a direct interest in the will, which includes close relatives of the testator and anyone who's named in the will.
Holographic Wills in Fort Myers Beach, Florida
If you need to make a will quickly, some states allow you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.
A holographic will, where they are allowed, will generally be interpreted liberally, to give effect to the testator's intent if at all possible.
But you should be aware that not all states allow holographic wills. In these states, you are still allowed to hand write your will if you so desire, but they must be accompanied by all the formalities required by the law of that state.
If they are allowed in your states, a holographic will can be a good option, in some cases. If you do not have a large amount of money and property that you want to pass on, and your devises are going to be very simple (regular gifts to just a few people), a holographic will can suffice. However, you should seek the advice of a lawyer beforehand, and know that it is almost always a better option to have a will accompanied by all the required formalities.
How Can A Fort Myers Beach, Florida Lawyer Help?
Because there are certain formalities which must be followed in drafting wills, it's always a good idea to seek the help of a Fort Myers Beach, Florida 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.