Many of the dilemmas that sometimes come up with wills in North Oaks, 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.

However, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A good North Oaks, Minnesota wills and trusts lawyer can help you avoid these problems.

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 usually must also be witnessed and signed by at least 2 people who do not have any stake in the will.

Holographic Wills in North Oaks, Minnesota

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 typically construed very broadly. Knowing that it was not written by an expert, a court will usually 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.

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.

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 North Oaks, Minnesota Lawyer Help?

Because of the formalities that are required for most wills to be valid, it is usually a good idea to have a North Oaks, Minnesota attorney help you make it, or at least go over it after you have written it, to make sure there aren't any problems with it.