Most of the problems that can pop up with wills in Grants, New Mexico, 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.

But even with "simple" wills, some easily-avoidable problems come up more frequently than they need to. A knowledgeable Grants, New Mexico attorney can help you avoid these problems with careful will preparation.

Many problems with wills are due to some of the required formalities not being followed. The formalities involved in drafting and executing a will are not particularly complicated, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It typically must also be witnessed and signed by at least 2 people who do not have any stake in the will.

Holographic Wills in Grants, New Mexico

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.

Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it probably wasn't written by a lawyer. This is to make it much easier to truly give your wishes effect.

You should, however, know that not all states permit holographic wills. In such states, you can still hand write your will if you want, but all the formalities, such as witnesses, must be present.

If they are permitted in your states, a holographic will can be a good option, in some cases. If you do not have a considerable amount of money and property that you want to pass on, and your devises are going to be very simple (regular gifts to just a few people), a holographic will can suffice. However, you should seek the advice of a lawyer beforehand, and know that it is almost always a better option to have a will accompanied by all the required formalities.

How Can A Grants, New Mexico Lawyer Help?

Because of the formalities that must accompany most wills, it might be advisable to have a Grants, New Mexico attorney help you draft it.