In Downingtown, Pennsylvania there are various problems that can rear their heads, derailing the process of drafting or executing a will. Common examples include ambiguities in the language of the will, leading to conflicts and challenges. Most of these issues can be staved off through quality drafting.
If your estate does not have a huge amount of assets, your assets are limited to cash and personal belongings, and you wish to leave all your property to your immediate family and friends, the process of drafting your will is likely to be fairly simple.
But even if the will is comparatively simple, some preventable problems can derail the process. An experienced lawyer in Downingtown, Pennsylvania who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
With most wills, certain formalities have to be followed in the drafting process or will preparation, or else the will might not be legitimate. In general, these formalities exist with the goal of making fraud more challenging. The requirements for a will to be valid are pretty simple, but it's still possible to make mistakes in attempting to follow them. Most especially, you should know that a will must contain a provision stating that the person making it is of sound mind, and actually intends the document to be a will. Also, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.
Holographic Wills in Downingtown, Pennsylvania
In some states, "holographic wills" are legitimate. A holographic will is written by hand, in the testator's own handwriting. Such will do not need to have any witnesses to be valid.
Holographic wills are typically construed very broadly. Knowing that it was not written by an expert, a court will usually 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 that not all states recognize holographic wills. Of course, you could still handwrite your will if you desire; but to be legitimate, it would have to be accompanied by all of the formalities (witnesses being the big one) of any other will.
Making a holographic will is rarely the ideal option. But it's occasionally the only option. If you find yourself suddenly needing to make a will, a holographic will is definitely an option, if they're recognized in your state. If possible, though, you should still consult with an attorney, who can review your holographic will and suggest any fixes that will make it simpler to meet your goals.
How Can A Downingtown, Pennsylvania Lawyer Help?
Because of the formalities that must accompany most wills, it might be prudent to have a Downingtown, Pennsylvania attorney help you draft it.