In Titusville, 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.
Typically, 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 be warned: even a comparatively simple will can encounter drawbacks in the drafting process, which can cause problems later on. An accomplished Titusville, Florida lawyer will considerably reduce the chances of this happening, if they help you in the process of robust will preparation.
A considerable 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 further 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 encompasses close relatives of the testator and anyone who's named in the will.
Holographic Wills in Titusville, Florida
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.
Holographic wills are usually construed very broadly. Knowing that it was not written by an expert, a court will normally look at the common definition of words, and use other common-sense principles when it comes to interpreting a holographic will. This is necessary to avoid conflicts, and increase the chances that the testator's wishes are honored.
You should know that not all states recognize holographic wills. Of course, you could still handwrite your will if you desire; but to be legitimate, it would have to be accompanied by all of the formalities (witnesses being the big one) of any other will.
If they are authorized in your states, a holographic will can be a good option, in some cases. If you do not have a massive 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. Nonetheless, 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 Titusville, Florida Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a seasoned Titusville, Florida attorney help you draft your will, even if it is relatively simple.