In Hallandale, 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.
Usually, 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 frequently than they need to. A knowledgeable Hallandale, Florida attorney can help you avoid these problems with careful will preparation.
A substantial 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 Hallandale, Florida
If you need to make a will quickly, some states permit 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.
Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of truly being implemented, since they will rarely be invalidated on technicalities.
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 estate is relatively small, and the devises you wish to make aren't very difficult, 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 Hallandale, Florida Lawyer Help?
Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the help of a Hallandale, 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.