Many of the issues that sometimes come up with wills in Cape Girardeau, Missouri, 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.

Nonetheless, even if the will is comparatively simple, some problems which are very easy to avoid can still complicate the process. A seasoned Cape Girardeau, Missouri wills and trusts lawyer can help you avoid these problems.

Many problems with wills can be caused by failing to follow the required formalities. These requirements are not very complicated, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.

Holographic Wills in Cape Girardeau, Missouri

In some states, testators are authorized 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 really 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 authorize holographic wills. In these states, you are still authorized to hand write your will if you so desire, but they must be accompanied by all the formalities necessary by the law of that state.

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 Cape Girardeau, Missouri Lawyer Help?

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