Many of the dilemmas that sometimes come up with wills in Watseka, 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 massive 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.
Nonetheless, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A reliable Watseka, Illinois wills and trusts lawyer can help you avoid these problems.
Many problems with wills can be caused by failing to follow the proper formalities. These requirements are not very intricate, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.
Holographic Wills in Watseka, Illinois
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, however, know that not all states permit holographic wills. In such states, you can still hand write your will if you want, but all the formalities, such as witnesses, must be present.
If your state permits them, a holographic will might be a good way to go in some cases. For instance, 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. Nonetheless, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A Watseka, Illinois Lawyer Help?
Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the guidance of a Watseka, 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.