In Cheraw, South Carolina there are many problems that can rear their heads, derailing the process of drafting or executing a will. Frequent 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 complicated trust arrangement.
But even if the will is relatively simple, some preventable problems can derail the process. An accomplished lawyer in Cheraw, South Carolina 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 valid. In general, these formalities exist with the goal of making fraud more difficult. 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 importantly, you should know that a will must contain a provision stating that the person making it is of sound mind, and really intends the document to be a will. Furthermore, the laws of most states require that wills be witnessed and signed by at least 2 neutral parties.
Holographic Wills in Cheraw, South Carolina
In some states, testators are authorized to make "holographic wills." This is a will which the testator hand-writes, in his or her own handwriting. Such wills do not need to have any witnesses to be given effect.
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 required by the laws of the state it is made in.
Making a holographic will is rarely the ideal option. But it's sometimes the only option. If you find yourself suddenly needing to make a will, a holographic will is certainly an option, if they're recognized in your state. If possible, though, you should still talk with an attorney, who can review your holographic will and suggest any fixes that will make it easier to meet your goals.
How Can A Cheraw, South Carolina Lawyer Help?
Because there are particular formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a Cheraw, South Carolina 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.