Most of the problems that can pop up with wills in Wood Ridge, 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.
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 Wood Ridge, 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 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 Wood Ridge, 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 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 complex, 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 Wood Ridge, New Jersey Lawyer Help?
Because of the formalities that must accompany most wills, it might be prudent to have a Wood Ridge, New Jersey attorney help you draft it.