In Weston, Florida, 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.
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 be warned: even a relatively simple will can encounter pitfalls in the drafting process, which can cause problems later on. An experienced Weston, Florida lawyer will greatly reduce the chances of this happening, if they help you in the process of robust 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 Weston, 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.
A holographic will, where they are allowed, will generally be interpreted liberally, to give effect to the testator's intent if at all possible.
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.
Making a holographic will is rarely the ideal option. But it's sometimes the only option. If you find yourself suddenly needing to make a will, a holographic will is certainly an option, if they're recognized in your state. If possible, though, you should still consult with an attorney, who can review your holographic will and suggest any fixes that will make it easier to meet your goals.
How Can A Weston, Florida Lawyer Help?
Because of the formalities that must accompany most wills, it might be prudent to have a Weston, Florida attorney help you draft it.