A lot of the problems that plague wills and estate plans in Randolph, Vermont, 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 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 be warned: even a relatively simple will can encounter pitfalls in the drafting process, which can cause problems later on. An experienced Randolph, Vermont lawyer will greatly reduce the chances of this happening, if they help you in the process of robust will preparation.
A significant percentage of the problems that prevent wills from taking effect are caused by failing to follow the required formalities in will preparation. In most states, wills need to be witnessed and signed by at least two people who have no direct interest in the matter. They also have to include a clear written statement that the document is, in fact, the testator's will. It also has to be witnessed by at least two people. Witnesses cannot be anyone who has a direct interest in the will, which includes close relatives of the testator and anyone who's named in the will.
Holographic Wills in Randolph, Vermont
In some states, "holographic wills" are valid. 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.
A holographic will, where they are allowed, will generally be interpreted liberally, to give effect to the testator's intent if at all possible.
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 your state allows them, a holographic will might be a good way to go in some cases. For example, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. However, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A Randolph, Vermont Lawyer Help?
Because of the formalities that are required for most wills to be valid, it is usually a good idea to have a Randolph, Vermont 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.