In Winterset, Iowa, many of the issues 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.

But be warned: even a comparatively simple will can encounter drawbacks in the drafting process, which can cause problems later on. An accomplished Winterset, Iowa lawyer will considerably reduce the chances of this happening, if they help you in the process of robust will preparation.

With most wills, certain formalities have to be followed in the drafting process or will preparation, or else the will might not be legitimate. In general, these formalities exist with the goal of making fraud more challenging. The requirements for a will to be valid are pretty simple, but it's still possible to make mistakes in attempting to follow them. Most notably, you should know that a will must contain a provision stating that the person making it is of sound mind, and really intends the document to be a will. Furthermore, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.

Holographic Wills in Winterset, Iowa

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.

A holographic will, where they are authorized, will typically be interpreted liberally, to give effect to the testator's intent if at all possible.

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 necessary by the laws of the state it is made in.

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 talk 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 Winterset, Iowa Lawyer Help?

Because of the various required formalities that accompany a will, it's not a bad idea to have a seasoned Winterset, Iowa attorney help you draft your will, even if it is relatively simple.