A lot of the problems that plague wills and estate plans in South Boston, Virginia, such as contests by beneficiaries who think they got the short end, could have been avoided if the will had been better-drafted in the first place.

If your estate does not have a large 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 be warned: even a comparatively simple will can encounter drawbacks in the drafting process, which can cause problems later on. An accomplished South Boston, Virginia lawyer will considerably reduce the chances of this happening, if they help you in the process of robust will preparation.

Most of the problems that plague wills stem from failure on the part of the drafter to comply with the required formalities. These requirements aren't terribly complex, but they have to be followed to the letter if a will is to be valid. Normally, wills have to be witnessed and signed by at least 2 people, and it must include a clear statement that the document is, in fact, a will. You should choose the witnesses cautiously, because if they have any direct interest in the will, they won't count as valid witnesses.

Holographic Wills in South Boston, Virginia

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.

If holographic wills are valid in your state, courts will, as with any will, have to figure out what is really being said, and resolve ambiguities. Because holographic wills are not always written under ideal conditions, they have to be interpreted very liberally, so they can be given effect and not fail for technical reasons.

You should, however, know that not all states authorize 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.

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 talk 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 South Boston, Virginia Lawyer Help?

Because of the formalities that are required for most wills to be valid, it is normally a good idea to have a South Boston, Virginia attorney help you make it, or at least go over it after you have written it, to make sure there aren't any problems with it.