Most of the issues that can pop up with wills in Santa Fe, New Mexico, 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, some easily-avoidable problems come up more often than they need to. A reputable Santa Fe, New Mexico attorney can help you avoid these problems with careful will preparation.

Many problems with wills can be caused by failing to follow the necessary formalities. These requirements are not very complex, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.

Holographic Wills in Santa Fe, New Mexico

In some states, testators are allowed to make "holographic wills." This is a will which the testator hand-writes, in his or her own handwriting. Such wills do not need to have any witnesses to be given effect.

Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of actually being implemented, since they will rarely be invalidated on technicalities.

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 confusing, 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 Santa Fe, New Mexico Lawyer Help?

Because of the formalities that are required for most wills to be valid, it is usually a good idea to have a Santa Fe, New Mexico 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.