Most of the issues that can pop up with wills in Franklin, New Jersey, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
Usually, the larger your estate, and the more separate devises you want to make, the more complex the process of drafting your will is going to be. For most people, however, the process can be fairly simple.
Nonetheless, 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 Franklin, New Jersey.
Most of the pitfalls that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly difficult, but they have to be followed to the letter if a will is to be valid. Typically, wills have to be witnessed and signed by at least 2 people, and it must include a clear statement that the document is, in fact, a will. You should choose the witnesses cautiously, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in Franklin, New Jersey
In some states, you can make what is identified as a "holographic will." This is simply a will which is handwritten, in the testator's own handwriting. They do not need to be witnessed in order 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 know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities necessary by the laws of the state it is made in.
If your state permits them, a holographic will might be a good way to go in some cases. For instance, 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. Nonetheless, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A Franklin, New Jersey Lawyer Help?
Because of the various required formalities that accompany a will, it's not a bad idea to have a reliable Franklin, New Jersey attorney help you draft your will, even if it is relatively simple.