Most of the issues that can pop up with wills in Melville, New York, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
If your estate doesn't contain a lot of money and property, and you only want to leave your assets to a few individuals, making a will can be pretty simple.
Nonetheless, even with "simple" wills, there are a few frequent stumbling blocks that commonly make things far more difficult down the road. Luckily with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Melville, New York.
Most of the issues that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly confusing, but they have to be followed to the letter if a will is to be valid. Normally, 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 cautiously, because if they have any direct interest in the will, they won't count as valid witnesses.
Holographic Wills in Melville, New York
In some states, you can make what is recognized 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.
If holographic wills are valid in your state, courts will, as with any will, have to figure out what is really 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.
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 your state recognizes them, a holographic will might be a good option if you have a very small estate, and wish to make very simple devises. Nonetheless, 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 Melville, New York Lawyer Help?
Because of the formalities that must accompany most wills, it might be wise to have a Melville, New York attorney help you draft it.