In every individual’s strategic plan, preparing a will is an indispensable must. A will makes it possible to dispose of your properties in the way you desire once you are no longer alive. But what if the couple, having no access to a lawyer, has just scribbled their intentions on a piece of paper? In California for instance, such a document is termed as a holographic will (HW). But does it work in the probate court, or does a person require to employ a lawyer to confirm his/her last will?
Understanding a Holographic Will
A HW is a written document prepared by the testator, where the man writing the will signs the document; it is also dated. Among some of the wills, HWs do not compel the involvement of witnesses as do in the case of the formal wills. For this reason, they are popular among many people who wish to record their wishes without the elaborate process of consulting a lawyer.
California also allows HWs provided that the will’s content compliance with certain requirements. The first essential pre-requisites are that the writing or the material part of the document as well as the signature on it has to be in the handwriting of the testator. This means that the document must be plainly drawn as desired by the testator as of how the property is to be dealt with after his death.
Legal Requisites of a Holographic Will
The legal requirements for an HW to be accepted in the California probate courts include the following. First, the above entire document must be written in the handwriting of the testator. Certificates in writing or typewriting do not come under the category of HWs even if the testator has signed on it.
The will also has to be signed at the end by the testator and again, it does not have to be the last line of the document but somehow it has to show the consent of the testator (which you can learn about here: https://www.law.cornell.edu/wex/testator). Also, words used in the document must have passed with a clear intention of the testator to dispose of property after death. This intent should be discernible from the wording of the document and/or other accompanying documents.
Advantages of Making a Holographic Will
The following are benefits of HWs. They are convenient because the creation of such a type of note is easy; you only require a pen and paper, and you can write it anywhere and at any time. They are inexpensive as they are prepared without involving the services of an attorney and therefore exclude charges that may incur through proper will drafting.
Also, it is possible to make the process of creating a HW very personal since witnesses are not involved. This aspect of privacy can be seen as being attractive to individuals who wish to initiate their parties secretly.
Disadvantages
However, HWs are not without their major drawbacks and possible risks on the part of the testator. They are likely to be contested in probate court than the other types of estates. That is why one has to rely on a qualified lawyer who could explain all the advantages of having a will properly written and registered since the beneficiaries or other family members could visit a will and question its validity citing that the testator was not of a sound mind or that such document is not what the testator had wanted to write.
Although a HW is legal in the state of California there are several benefits to hiring an attorney. Professional lawyers in estate planning have the skills and legal experience to develop standard wills that include all requirements. They can help in explaining the right ways to word your document and also how best to disperse the properties so as to prevent family feuds.
I also want to share that an attorney can develop a long-term strategy for you and your property that documents not be limited to the question of the division of assets only. This can involve such measures as creation of trusts and powers of attorney, but also any highly-rated probate attorney riverside ca can help with any potential medical decisions made on your behalf. A good estate plan makes it possible to have comfort in knowing that everything is well provided in the future, so contact someone today:
Hiring an attorney helps to avoid complications with legal statutes on wills in the future. Lawyers are able to make sure everything is done correctly through several formalities to ensure that there can be no grounds for a will to be challenged in probate court. They can also assist when it comes to explaining the decision in plain language and thus reducing the chances that some big words may be misconstrued.
Do You Really Need a Lawyer to Draft a Will?
The decision of whether or not to make a HW depends on the circumstances of the estate and entropy of the complexity at hand. Thus, if your estate is uncomplicated, and there is no property, and potential conflict in the distribution of the assets among heirs, the HW may be enough.
But if your estate involves many properties, investment, or business, this site says that it is wise to consult the attorney to help with all formal requirements. Think about your family and what type of issues can occur within the family parties. If you expect certain disputes among the beneficiaries, using the professionally written will is likely to minimize the chances of opposition and guarantee that your instructions document be followed.
Final Thoughts
It is important to contact an attorney to draw up a will, as this has several benefits, such as professional assistance, thorough work on the creation of a comprehensive estate plan, a smaller amount of potential legal issues during the heir’s inheritance, and a faster and easier process of the legal proceeding that is the probate.
In either case, it is essential to have a will clearly, legally, and accurately portrayed to the best of your desire. The route to understanding the formal and legal aspects of estate planning may be quite time-consuming, however, it offers security for you and your family to have it done right and to be able to ensure that your wishes are carried out as you’ve envisioned them.
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