Most of the problems that can pop up with wills in Weddington, 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 a complex trust arrangement.
However, even with "simple" wills, there are a few common stumbling blocks that often make things far more difficult down the road. Thankfully with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Weddington, North Carolina.
A significant 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 Weddington, North Carolina
If you need to make a will quickly, some states allow you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.
Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of actually being implemented, since they will rarely be invalidated on technicalities.
You should be aware that not all states recognize holographic wills. In such states, you can of course still handwrite your will if you want. But for the will to be valid, it has to be accompanied by all the formalities (including witnesses) needed for any other will.
If your estate is relatively small, and the devises you wish to make aren't very difficult, 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 Weddington, North Carolina Lawyer Help?
Because there are certain formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a Weddington, 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.