Most of the issues that can pop up with wills in Middle Island, 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 common stumbling blocks that often make things far more difficult down the road. Thankfully with proper will preparation, most of them are easy to avoid, with the help of a good attorney in Middle Island, New York.

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. Usually, 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 Middle Island, New York

In some (but definitely not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written exclusively in the testator's own handwriting. They do not need to be witnessed in order to be valid.

A holographic will, where they are allowed, will generally 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 legitimate, it has to be accompanied by all the formalities (including witnesses) required for any other will.

If your state allows them, a holographic will might be a good way to go in some cases. For instance, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. Nonetheless, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.

How Can A Middle Island, New York Lawyer Help?

Because of the formalities that are required for most wills to be valid, it is usually a good idea to have a Middle Island, New York 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.