Many of the pitfalls that sometimes come up with wills in Methuen, 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.
Usually, 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.
However, even with "simple" wills, there are a few prevalent stumbling blocks that frequently make things far more difficult down the road. Fortunately with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Methuen, Massachusetts.
Many problems with wills can be caused by failing to follow the proper formalities. These requirements are not very intricate, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.
Holographic Wills in Methuen, Massachusetts
In some states, you can make what is identified 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.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it probably wasn't written by a lawyer. This is to make it much easier to truly give your wishes effect.
You should, however, know that not all states permit 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 permits them, a holographic will might be a good way to go in some cases. For example, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. However, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A Methuen, Massachusetts Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is typically a good idea to have a Methuen, Massachusetts attorney help you make it, or at least go over it after you have written it, to make sure there aren't any problems with it.