Many of the pitfalls that sometimes come up with wills in Carl Junction, 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 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 Carl Junction, Missouri wills and trusts lawyer can help you avoid these problems.
Many problems with wills can be caused by failing to follow the necessary formalities. These requirements are not very complex, 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 Carl Junction, Missouri
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 Carl Junction, Missouri Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a good Carl Junction, Missouri attorney help you draft your will, even if it is relatively simple.