Many of the problems that sometimes come up with wills in Garrett, Indiana, 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 huge 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 good Garrett, Indiana wills and trusts lawyer can help you avoid these problems.

A significant percentage of the problems that prevent wills from taking effect are caused by failing to follow the required formalities in will preparation. In most states, wills need to be witnessed and signed by at least two people who have no direct interest in the matter. They also have to include a clear written statement that the document is, in fact, the testator's will. It also has to be witnessed by at least two people. Witnesses cannot be anyone who has a direct interest in the will, which includes close relatives of the testator and anyone who's named in the will.

Holographic Wills in Garrett, Indiana

If you need to make a will quickly, some states allow 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 allowed, will generally 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 estate is relatively small, and the devises you wish to make aren't very complex, a holographic will can be a good option if they're valid in your state. Of course, it's never a bad idea to make a will with the assistance of a lawyer.

How Can A Garrett, Indiana Lawyer Help?

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