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

Most of the dilemmas that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly complicated, 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 Edina, 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.

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.

But you should be aware that not all states allow holographic wills. In these states, you are still allowed to hand write your will if you so desire, but they must be accompanied by all the formalities required by the law of that state.

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 consult 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 Edina, Minnesota Lawyer Help?

Because there are certain formalities which must be followed in drafting wills, it's always a good idea to seek the help of an Edina, Minnesota attorney in drafting your will. Even if your will is going to be very simple, and you have the formalities all figured out, mistakes can be made.