Most of the problems that can pop up with wills in Smithfield, North Carolina, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.

The process 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 an intricate trust arrangement.

However, even with "simple" wills, there are a few prevalent stumbling blocks that frequently make things far more difficult down the road. Fortunately with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Smithfield, North Carolina.

A substantial percentage of the problems that prevent wills from taking effect are caused by failing to follow the required formalities in will preparation. In most states, wills need to be witnessed and signed by at least two people who have no direct interest in the matter. They also have to include a clear written statement that the document is, in fact, the testator's will. It also has to be witnessed by at least two people. Witnesses cannot be anyone who has a direct interest in the will, which includes close relatives of the testator and anyone who's named in the will.

Holographic Wills in Smithfield, 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.

A holographic will, where they are permitted, will usually be interpreted liberally, to give effect to the testator's intent if at all possible.

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.

If your state permits them, a holographic will might be a good way to go in some cases. For example, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. However, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.

How Can A Smithfield, 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 Smithfield, 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.