Many of the complications that sometimes come up with wills in Chelsea, Massachusetts, 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.

Generally, the larger your estate, and the more separate devises you want to make, the more complex the process of drafting your will is going to be. For most people, however, the process can be fairly simple.

Nonetheless, 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 Chelsea, Massachusetts.

Most of the complications that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly perplexing, 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 Chelsea, Massachusetts

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.

Holographic wills are typically construed very broadly. Knowing that it was not written by an expert, a court will usually 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 consult 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 Chelsea, Massachusetts Lawyer Help?

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