Most of the problems that can pop up with wills in Lexington, Missouri, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
If your estate does not have a massive amount of assets, your assets are limited to cash and personal belongings, and you wish to leave all your property to your immediate family and friends, the process of drafting your will is likely to be fairly simple.
But even with "simple" wills, some easily-avoidable problems come up more frequently than they need to. A knowledgeable Lexington, Missouri attorney can help you avoid these problems with careful 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 Lexington, Missouri
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.
If holographic wills are valid in your state, courts will, as with any will, have to figure out what is truly 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 permit holographic wills. In these states, you are still permitted 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 estate is relatively small, and the devises you wish to make aren't very complicated, a holographic will can be a good option if they're valid in your state. Of course, it's never a bad idea to make a will with the assistance of a lawyer.
How Can A Lexington, Missouri Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is typically a good idea to have a Lexington, Missouri 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.