Many of the issues that sometimes come up with wills in Newport, 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 a confusing or especially 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.

Nonetheless, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A reliable Newport, Kentucky wills and trusts lawyer can help you avoid these problems.

A substantial 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 further 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 encompasses close relatives of the testator and anyone who's named in the will.

Holographic Wills in Newport, 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 are normally construed very broadly. Knowing that it was not written by an expert, a court will typically look at the common definition of words, and use other common-sense principles when it comes to interpreting a holographic will. This is necessary to avoid conflicts, and increase the chances that the testator's wishes are honored.

You should know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities necessary by the laws of the state it is made in.

Making a holographic will is rarely the ideal option. But it's occasionally the only option. If you find yourself suddenly needing to make a will, a holographic will is definitely an option, if they're recognized in your state. If possible, though, you should still speak with an attorney, who can review your holographic will and suggest any fixes that will make it simpler to meet your goals.

How Can A Newport, Kentucky Lawyer Help?

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