Many of the pitfalls that sometimes come up with wills in New Castle, 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 comparatively simple, some preventable problems can derail the process. An accomplished lawyer in New Castle, 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 cautiously, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in New Castle, Indiana
In some states, you can make what is recognized 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 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.
You should, however, know that not all states authorize 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 recognizes them, a holographic will might be a good option if you have a very small estate, and wish to make very simple devises. Nonetheless, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.
How Can A New Castle, Indiana Lawyer Help?
Because of the formalities that must accompany most wills, it might be wise to have a New Castle, Indiana attorney help you draft it.