Most of the problems that can pop up with wills in Durham County, North Carolina, 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 if the will is relatively simple, some preventable problems can derail the process. An efficient lawyer in Durham County, North Carolina who specializes in wills and estate planning can help make sure that this doesn't happen to your will.

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 importantly, 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 Durham County, North Carolina

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.

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.

You should, however, know that not all states permit holographic wills. In such states, you can still hand write your will if you want, but all the formalities, such as witnesses, must be present.

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 speak 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 Durham County, North Carolina Lawyer Help?

Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a Durham County, North Carolina attorney in drafting your will. Even if your will is going to be very simple, and you have the formalities all figured out, mistakes can be made.