Most of the problems that can pop up with wills in Briarcliff Manor, New York, 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.
But even with "simple" wills, some easily-avoidable problems come up more often than they need to. A good Briarcliff Manor, New York attorney can help you avoid these problems with careful will preparation.
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 Briarcliff Manor, New York
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.
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 actually give your wishes effect.
You should know that not all states recognize holographic wills. Of course, you could still handwrite your will if you desire; but to be valid, it would have to be accompanied by all of the formalities (witnesses being the big one) of any other will.
If your estate is relatively small, and the devises you wish to make aren't very complicated, 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 Briarcliff Manor, New York Lawyer Help?
Because of the formalities required in drafting wills, it's never a bad idea to have a good Briarcliff Manor, New York 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.