Most of the issues that can pop up with wills in Winslow, New Jersey, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.

Generally, 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 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 Winslow, New Jersey.

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 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 Winslow, New Jersey

In some states, you can make what is known 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 allowed, will generally be interpreted liberally, to give effect to the testator's intent if at all possible.

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 legitimate, it has to be accompanied by all the formalities (including witnesses) required for any other will.

If your estate is fairly 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 Winslow, New Jersey Lawyer Help?

Because there are certain formalities which must be followed in drafting wills, it's always a good idea to seek the guidance of a Winslow, New Jersey 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.