Many of the issues that sometimes come up with wills in Nappanee, 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.

But even if the will is comparatively simple, some preventable problems can derail the process. An experienced lawyer in Nappanee, Indiana who specializes in wills and estate planning can help make sure that this doesn't happen to your will.

Most of the issues that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly confusing, but they have to be followed to the letter if a will is to be valid. Usually, 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 cautiously, because if they have any direct interest in the will, they won't count as valid witnesses.

Holographic Wills in Nappanee, Indiana

In some states, you can make what is known as a "holographic will." This is simply a will which is handwritten, in the testator's own handwriting. They do not need to be witnessed in order to be valid.

If holographic wills are valid in your state, courts will, as with any will, have to figure out what is actually 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 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 legitimate, it has to be accompanied by all the formalities (including witnesses) required for any other will.

If your estate is fairly small, and the devises you wish to make aren't very confusing, 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 Nappanee, Indiana Lawyer Help?

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