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

A significant 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 Southwick, Massachusetts

In some states, "holographic wills" are legitimate. A holographic will is written by hand, in the testator's own handwriting. Such will do not need to have any witnesses to be valid.

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

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 Southwick, Massachusetts Lawyer Help?

Because of the formalities that must accompany most wills, it might be prudent to have a Southwick, Massachusetts attorney help you draft it.