Many of the pitfalls that sometimes come up with wills in Hazard, Kentucky, 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 an intricate 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 if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A knowledgeable Hazard, Kentucky wills and trusts lawyer can help you avoid these problems.

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. Typically, 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 Hazard, Kentucky

In some states, testators are permitted 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.

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

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 valid, it has to be accompanied by all the formalities (including witnesses) needed for any other will.

If they are permitted in your states, a holographic will can be a good option, in some cases. If you do not have a considerable 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 Hazard, Kentucky Lawyer Help?

Because of the formalities that must accompany most wills, it might be advisable to have a Hazard, Kentucky attorney help you draft it.