Many of the pitfalls that sometimes come up with wills in Lafayette, 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 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 even if the will is relatively simple, some preventable problems can derail the process. An accomplished lawyer in Lafayette, Indiana who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
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 Lafayette, Indiana
In some states, testators are authorized 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 really 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.
But you should be aware that not all states authorize holographic wills. In these states, you are still authorized to hand write your will if you so desire, but they must be accompanied by all the formalities required by the law of that state.
If your estate is relatively small, and the devises you wish to make aren't very difficult, 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 Lafayette, Indiana Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a brilliant Lafayette, Indiana 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.