Most of the issues that can pop up with wills in Tappan, 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.
However even with "simple" wills, some easily-avoidable problems come up more commonly than they need to. A seasoned Tappan, New York attorney can help you avoid these problems with careful will preparation.
Many problems with wills are due to some of the standard formalities not being followed. The formalities incorporated in drafting and executing a will are not particularly convoluted, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It normally must also be witnessed and signed by at least 2 people who do not have any stake in the will.
Holographic Wills in Tappan, 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.
Holographic wills are usually construed very broadly. Knowing that it was not written by an expert, a court will normally look at the common definition of words, and use other common-sense principles when it comes to interpreting a holographic will. This is necessary to avoid conflicts, and increase the chances that the testator's wishes are honored.
You should know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities necessary by the laws of the state it is made in.
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 Tappan, New York Lawyer Help?
Because of the formalities that must accompany most wills, it might be wise to have a Tappan, New York attorney help you draft it.