In Garden City, Georgia, many of the dilemmas 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 if the will is relatively simple, some preventable problems can derail the process. An efficient lawyer in Garden City, Georgia who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
Most of the dilemmas that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly complicated, but they have to be followed to the letter if a will is to be valid. Typically, wills have to be witnessed and signed by at least 2 people, and it must include a clear statement that the document is, in fact, a will. You should choose the witnesses carefully, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in Garden City, Georgia
In some states, testators are permitted to make "holographic wills." This is a will which the testator hand-writes, in his or her own handwriting. Such wills do not need to have any witnesses to be given effect.
If holographic wills are valid in your state, courts will, as with any will, have to figure out what is truly 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 be aware that not all states recognize holographic wills. In such states, you can of course still handwrite your will if you want. But for the will to be valid, it has to be accompanied by all the formalities (including witnesses) needed for any other will.
If your estate is relatively small, and the devises you wish to make aren't very complicated, 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 Garden City, Georgia Lawyer Help?
Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a Garden City, Georgia 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.