Many of the pitfalls that sometimes come up with wills in Hoopeston, Illinois, such as contests brought by would-be beneficiaries, or devises which aren't clear on what they mean, can be avoided if the will is properly drafted in the first place.

If your estate does not have a large amount of assets, your assets are limited to cash and personal belongings, and you wish to leave all your property to your immediate family and friends, the process of drafting your will is likely to 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 accomplished Hoopeston, Illinois lawyer will greatly reduce the chances of this happening, if they help you in the process of robust will preparation.

Most of the pitfalls that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly difficult, but they have to be followed to the letter if a will is to be valid. Normally, 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 Hoopeston, Illinois

In some (but certainly not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written entirely in the testator's own handwriting. They do not need to be witnessed in order 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 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 state authorizes them, a holographic will might be a good way to go in some cases. For example, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. However, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.

How Can A Hoopeston, Illinois Lawyer Help?

Because there are particular formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a Hoopeston, Illinois 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.