Many of the issues that sometimes come up with wills in Dayton, Minnesota, 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 pitfalls in the drafting process, which can cause problems later on. An experienced Dayton, Minnesota lawyer will greatly reduce the chances of this happening, if they help you in the process of robust will preparation.

Most of the issues that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly confusing, 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 carefully, because if they have any direct interest in the will, they won't count as valid witnesses.

Holographic Wills in Dayton, Minnesota

In some states, testators are allowed to make "holographic wills." This is a will which the testator hand-writes, in his or her own handwriting. Such wills do not need to have any witnesses to be given effect.

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.

If your state recognizes them, a holographic will might be a reasonable option if you have a very small estate, and wish to make very simple devises. However, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.

How Can A Dayton, Minnesota Lawyer Help?

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