Many of the pitfalls that sometimes come up with wills in Hopkins, 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 contain a lot of money and property, and you only want to leave your assets to a few individuals, making a will can be pretty simple.

But be warned: even a comparatively simple will can encounter delays in the drafting process, which can cause problems later on. An efficient Hopkins, Minnesota lawyer will considerably reduce the chances of this happening, if they help you in the process of robust will preparation.

With most wills, certain formalities have to be followed in the drafting process or will preparation, or else the will might not be legitimate. In general, these formalities exist with the goal of making fraud more challenging. The requirements for a will to be valid are pretty simple, but it's still possible to make mistakes in attempting to follow them. Most especially, you should know that a will must contain a provision stating that the person making it is of sound mind, and truly intends the document to be a will. Additionally, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.

Holographic Wills in Hopkins, Minnesota

In some states, testators are permitted 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 are normally construed very broadly. Knowing that it was not written by an expert, a court will typically 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 be aware that not all states recognize holographic wills. In such states, you can of course still handwrite your will if you want. But for the will to be legitimate, it has to be accompanied by all the formalities (including witnesses) required for any other will.

If your state recognizes them, a holographic will might be a good option if you have a very small estate, and wish to make very simple devises. Nonetheless, 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 Hopkins, Minnesota Lawyer Help?

Because of the various required formalities that accompany a will, it's not a bad idea to have a reliable Hopkins, Minnesota attorney help you draft your will, even if it is relatively simple.