Many of the pitfalls that sometimes come up with wills in Newburyport, 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 Newburyport, Massachusetts.

Many problems with wills can be caused by failing to follow the necessary formalities. These requirements are not very complex, 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 Newburyport, 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.

If holographic wills are valid in your state, courts will, as with any will, have to figure out what is actually being said, and resolve ambiguities. Because holographic wills are not always written under ideal conditions, they have to be interpreted very liberally, so they can be given effect and not fail for technical reasons.

You should, however, know that not all states allow 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.

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 Newburyport, Massachusetts Lawyer Help?

Because of the formalities that are required for most wills to be valid, it is usually a good idea to have a Newburyport, 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.