Many of the complications that sometimes come up with wills in Tonganoxie, Kansas, 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.

Drafting a will doesn't need to be a complicated or particularly expensive process. If you have a small to moderate amount of assets (limited to a home, a car, and a few bank/investment accounts), and don't need to set up trusts or anything similar, you can probably have a will written in just a couple days, for a relatively small fee.

However, even with "simple" wills, there are a few common stumbling blocks that often make things far more difficult down the road. Thankfully with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Tonganoxie, Kansas.

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 Tonganoxie, Kansas

In some states, "holographic wills" are valid. A holographic will is written by hand, in the testator's own handwriting. Such will do not need to have any witnesses to be valid.

Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of actually being implemented, since they will rarely be invalidated on technicalities.

You should know that not all states recognize holographic wills. Of course, you could still handwrite your will if you desire; but to be valid, it would have to be accompanied by all of the formalities (witnesses being the big one) of any other will.

If they are allowed in your states, a holographic will can be a good option, in some cases. If you do not have a large amount of money and property that you want to pass on, and your devises are going to be very simple (regular gifts to just a few people), a holographic will can suffice. However, you should seek the advice of a lawyer beforehand, and know that it is almost always a better option to have a will accompanied by all the required formalities.

How Can A Tonganoxie, Kansas Lawyer Help?

Because of the formalities required in drafting wills, it's never a bad idea to have a good Tonganoxie, Kansas 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.