Most of the problems that can pop up with wills in Baldwin, New York, 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.

But even with "simple" wills, some easily-avoidable problems come up more commonly than they need to. A brilliant Baldwin, New York attorney can help you avoid these problems with careful will preparation.

A considerable 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 Baldwin, New York

If you need to make a will quickly, some states authorize you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.

A holographic will, where they are authorized, will typically 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 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. 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 Baldwin, New York Lawyer Help?

Because of the various required formalities that accompany a will, it's not a bad idea to have a brilliant Baldwin, New York attorney help you draft your will, even if it is relatively simple.