In Greenville County, South Carolina there are numerous 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 procedure 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 comparatively simple, some preventable problems can derail the process. An accomplished lawyer in Greenville County, 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 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 notably, 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 Greenville County, South Carolina

If you need to make a will quickly, some states authorize you to write a "holographic will." This is simply a will which the testator hand-writes. These types of wills don't need to be witnessed.

A holographic will, where they are authorized, will typically be interpreted liberally, to give effect to the testator's intent if at all possible.

But you should be aware that not all states authorize holographic wills. In these states, you are still authorized to hand write your will if you so desire, but they must be accompanied by all the formalities necessary by the law of that state.

If your estate is fairly small, and the devises you wish to make aren't very confusing, a holographic will can be a good option if they're valid in your state. Of course, it's never a bad idea to make a will with the assistance of a lawyer.

How Can A Greenville County, 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 advice of a Greenville County, 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.