Most of the problems that can pop up with wills in Erie County, New York, 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 if the will is relatively simple, some preventable problems can derail the process. An efficient lawyer in Erie County, New York who specializes in wills and estate planning can help make sure that this doesn't happen to your will.

Most of the dilemmas that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly complicated, but they have to be followed to the letter if a will is to be valid. Typically, wills have to be witnessed and signed by at least 2 people, and it must include a clear statement that the document is, in fact, a will. You should choose the witnesses carefully, because if they have any direct interest in the will, they won't count as valid witnesses.

Holographic Wills in Erie County, New York

In some states, testators are permitted 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.

If holographic wills are valid in your state, courts will, as with any will, have to figure out what is truly being said, and resolve ambiguities. Because holographic wills are not always written under ideal conditions, they have to be interpreted very liberally, so they can be given effect and not fail for technical reasons.

But you should be aware that not all states permit holographic wills. In these states, you are still permitted to hand write your will if you so desire, but they must be accompanied by all the formalities required by the law of that state.

If your state recognizes them, a holographic will might be a reasonable option if you have a very small estate, and wish to make very simple devises. However, it is never a bad idea to at least have an attorney review your will for completeness and clarity, even if you aren't having the attorney draft it from scratch.

How Can A Erie County, New York Lawyer Help?

Because of the formalities required in drafting wills, it's never a bad idea to have a knowledgeable Erie County, 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.