In West Warwick, Rhode Island there are many 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.
The process of drafting and executing a will can be very simple with the average estate which has only a moderate amount of assets held in only a few locations (a couple bank accounts, a house, maybe a stock portfolio). This is also true if the decedent simply wants to give their property to a few immediate family members, without setting up a complex trust arrangement.
But even if the will is relatively simple, some preventable problems can derail the process. An experienced lawyer in West Warwick, Rhode Island who specializes in wills and estate planning can help make sure that this doesn't happen to your will.
Many problems with wills can be caused by failing to follow the necessary formalities. These requirements are not very complex, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.
Holographic Wills in West Warwick, Rhode Island
In some states, you can make what is known 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.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it probably wasn't written by a lawyer. This is to make it much easier to actually give your wishes effect.
You should, however, know that not all states allow 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 they are allowed in your states, a holographic will can be a good option, in some cases. If you do not have a large amount of money and property that you want to pass on, and your devises are going to be very simple (regular gifts to just a few people), a holographic will can suffice. However, you should seek the advice of a lawyer beforehand, and know that it is almost always a better option to have a will accompanied by all the required formalities.
How Can A West Warwick, Rhode Island Lawyer Help?
Because there are certain formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a West Warwick, Rhode Island attorney in drafting your will. Even if your will is going to be very simple, and you have the formalities all figured out, mistakes can be made.