Most of the issues that can pop up with wills in Scotch Plains, 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 Scotch Plains, New Jersey.
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 further 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 encompasses close relatives of the testator and anyone who's named in the will.
Holographic Wills in Scotch Plains, New Jersey
In some states, "holographic wills" are legitimate. 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.
Holographic wills are normally construed very broadly. Knowing that it was not written by an expert, a court will typically 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.
You should know that not all states recognize holographic wills. Of course, you could still handwrite your will if you desire; but to be legitimate, it would have to be accompanied by all of the formalities (witnesses being the big one) of any other will.
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 Scotch Plains, New Jersey Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is typically a good idea to have a Scotch Plains, New Jersey 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.