Most of the issues that can pop up with wills in Roswell, New Mexico, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
Typically, 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, some easily-avoidable problems come up more commonly than they need to. A seasoned Roswell, New Mexico attorney can help you avoid these problems with careful will preparation.
Many problems with wills are due to some of the standard formalities not being followed. The formalities incorporated in drafting and executing a will are not particularly convoluted, 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 normally must also be witnessed and signed by at least 2 people who do not have any stake in the will.
Holographic Wills in Roswell, New Mexico
In some (but definitely not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written exclusively in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of really being implemented, since they will rarely be invalidated on technicalities.
You should, however, know that not all states authorize 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 authorized in your states, a holographic will can be a good option, in some cases. If you do not have a massive 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. Nonetheless, 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 Roswell, New Mexico Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a seasoned Roswell, New Mexico attorney help in making your will. Even if your will is quite simple, and you have all the formalities figured out, it's still easy to make mistakes without a good once-over by a professional.