Most of the issues that can pop up with wills in Siler City, North Carolina, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
The procedure of drafting and executing a will can be very simple with the average estate which has only a moderate amount of assets held in only a few locations (a couple bank accounts, a house, maybe a stock portfolio). This is also true if the decedent simply wants to give their property to a few immediate family members, without setting up a complicated trust arrangement.
Nonetheless, even with "simple" wills, there are a few frequent stumbling blocks that commonly make things far more difficult down the road. Luckily with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Siler City, North Carolina.
With most wills, certain formalities have to be followed in the drafting process or will preparation, or else the will might not be legitimate. In general, these formalities exist with the goal of making fraud more challenging. 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 notably, you should know that a will must contain a provision stating that the person making it is of sound mind, and really intends the document to be a will. Furthermore, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.
Holographic Wills in Siler City, North Carolina
In some (but definitely not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written exclusively in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Holographic wills are usually construed very broadly. Knowing that it was not written by an expert, a court will normally 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 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.
Making a holographic will is rarely the ideal option. But it's occasionally the only option. If you find yourself suddenly needing to make a will, a holographic will is definitely an option, if they're recognized in your state. If possible, though, you should still talk with an attorney, who can review your holographic will and suggest any fixes that will make it simpler to meet your goals.
How Can A Siler City, North Carolina Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is normally a good idea to have a Siler City, North Carolina 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.