Many of the dilemmas that sometimes come up with wills in Hutchinson, 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 efficient Hutchinson, Minnesota lawyer will greatly 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 valid. In general, these formalities exist with the goal of making fraud more difficult. 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 vitally, 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 Hutchinson, 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 valid, it has to be accompanied by all the formalities (including witnesses) needed for any other will.

If they are permitted in your states, a holographic will can be a good option, in some cases. If you do not have a considerable amount of money and property that you want to pass on, and your devises are going to be very simple (regular gifts to just a few people), a holographic will can suffice. However, you should seek the advice of a lawyer beforehand, and know that it is almost always a better option to have a will accompanied by all the required formalities.

How Can A Hutchinson, Minnesota Lawyer Help?

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