Most of the issues that can pop up with wills in Brigantine, New Jersey, 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 complex trust arrangement.
But even if the will is comparatively simple, some preventable problems can derail the process. An experienced lawyer in Brigantine, New Jersey 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 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 actually intends the document to be a will. Also, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.
Holographic Wills in Brigantine, New Jersey
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.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it likely wasn't written by a lawyer. This is to make it much easier to actually give your wishes effect.
But you should be aware that not all states allow holographic wills. In these states, you are still allowed 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.
If your state recognizes them, a holographic will might be a good option if you have a very small estate, and wish to make very simple devises. Nonetheless, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.
How Can A Brigantine, New Jersey Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a reputable Brigantine, New Jersey attorney help you draft your will, even if it is relatively simple.