In Wahiawa, Hawaii, 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.
If your estate doesn't contain a lot of money and property, and you only want to leave your assets to a few individuals, making a will can be pretty simple.
However even with "simple" wills, some easily-avoidable problems come up more often than they need to. A reputable Wahiawa, Hawaii attorney can help you avoid these problems with careful will preparation.
Many problems with wills are due to some of the standard formalities not being followed. The formalities incorporated in drafting and executing a will are not particularly convoluted, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It usually must also be witnessed and signed by at least 2 people who do not have any stake in the will.
Holographic Wills in Wahiawa, Hawaii
In some (but definitely not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written exclusively in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Holographic wills are typically construed very broadly. Knowing that it was not written by an expert, a court will usually 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.
Making a holographic will is rarely the ideal option. But it's occasionally the only option. If you find yourself suddenly needing to make a will, a holographic will is definitely 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 simpler to meet your goals.
How Can A Wahiawa, Hawaii Lawyer Help?
Because of the formalities that must accompany most wills, it might be prudent to have a Wahiawa, Hawaii attorney help you draft it.