A lot of the problems that plague wills and estate plans in Cabell County, West 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.
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 an intricate trust arrangement.
But be warned: even a relatively simple will can encounter pitfalls in the drafting process, which can cause problems later on. An efficient Cabell County, West Virginia lawyer will greatly reduce the chances of this happening, if they help you in the process of robust will preparation.
Many problems with wills are due to some of the required formalities not being followed. The formalities involved in drafting and executing a will are not particularly complicated, but they must be scrupulously followed. Otherwise, the will might not be given effect. In most states, the will must include some clear statement that the document is, in fact, the last will and testament of the person making it. It typically must also be witnessed and signed by at least 2 people who do not have any stake in the will.
Holographic Wills in Cabell County, West Virginia
In some (but certainly not all) states, "holographic wills" can sometimes be treated as valid wills. A holographic will is just a will that is written entirely in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Holographic wills, assuming they're recognized, are interpreted very broadly. This gives them the best possible chance of truly being implemented, since they will rarely be invalidated on technicalities.
You should, however, know that not all states permit 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 permitted in your states, a holographic will can be a good option, in some cases. If you do not have a considerable 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 Cabell County, West Virginia Lawyer Help?
Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a Cabell County, West Virginia 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.