Many of the complications that sometimes come up with wills in Shelbyville, 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.
However, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A brilliant Shelbyville, Illinois wills and trusts lawyer can help you avoid these problems.
Most of the complications that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly perplexing, 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 Shelbyville, Illinois
If you need to make a will quickly, some states authorize you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.
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 required by the laws of the state it is made in.
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 Shelbyville, Illinois Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a brilliant Shelbyville, Illinois attorney help in making your will. Even if your will is quite simple, and you have all the formalities figured out, it's still easy to make mistakes without a good once-over by a professional.