Many of the complications that sometimes come up with wills in Wayne, Michigan, 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.
If your estate doesn't include a lot of money and property, and you only want to leave your assets to a few people, making a will can be pretty simple.
But be warned: even a relatively simple will can encounter problems in the drafting process, which can cause problems later on. An accomplished Wayne, Michigan lawyer will greatly reduce the chances of this happening, if they help you in the process of robust will preparation.
Many problems with wills are due to some of the required formalities not being followed. The formalities involved in drafting and executing a will are not particularly complicated, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It normally must also be witnessed and signed by at least 2 people who do not have any stake in the will.
Holographic Wills in Wayne, Michigan
In some states, "holographic wills" are valid. 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 are usually construed very broadly. Knowing that it was not written by an expert, a court will normally 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 that not all states recognize holographic wills. Of course, you could still handwrite your will if you desire; but to be valid, it would have to be accompanied by all of the formalities (witnesses being the big one) of any other will.
Making a holographic will is rarely the ideal option. But it's sometimes the only option. If you find yourself suddenly needing to make a will, a holographic will is certainly an option, if they're recognized in your state. If possible, though, you should still talk with an attorney, who can review your holographic will and suggest any fixes that will make it easier to meet your goals.
How Can A Wayne, Michigan Lawyer Help?
Because of the formalities that must accompany most wills, it might be wise to have a Wayne, Michigan attorney help you draft it.