For some people, a will is the starting point of a bigger estate plan. For others, a will is the only document they ever draft. In either scenario, it is important that the will someone establishes meets all of the basic standards enshrined in state probate statutes.
Most people need help drafting valid and enforceable wills. They may have the option of choosing one of three main formats for their will.
Holographic wills
A holographic will is a handwritten document. The testator writes out the entire will on their own behalf. Holographic wills are the simplest type of will available, and they are also the most prone to major issues. Individuals often don’t understand the baseline requirements of testamentary instruments. They may fail to get witness signatures on a holographic will. They may also include illegal terms in the wills they attempt to draft. Holographic wills may lack the necessary signatures or language, making them a dangerous choice in many cases.
Printed documents drafted by lawyers
Quite a few testators choose to work with lawyers to draft their wills. Doing so helps ensure that the documents they create comply with state law. They can also feel more confident about achieving their legacy goals. Attorneys can provide crucial insight into different strategies for disinheriting specific people or optimizing how much of an estate passes to chosen beneficiaries. Printed documents drafted with the assistance of an attorney are easy for others to review and are more likely than holographic wills to fulfill all baseline state requirements.
Electronic wills
Washington was one of the earliest states to acknowledge the use of digital or electronic wills. However, it is crucial that people understand the difference between valid electronic wills and documents they may have downloaded off the internet. For an electronic will to serve as a legal testamentary instrument, it has to meet certain standards to be a self-proving will.
People generally need guidance regarding the terms that they include and even the selection of the service used to draft the electronic will. Electronic wills can be useful for those whose medical challenges may prevent them from traveling to see an attorney in person. They do generally still require the insight and support of a lawyer to ensure they fully comply with state statutes.
Considering each type of will can give people better ideas about how to begin establishing an estate plan. Wills are a good starting point, and testators should be proactive about ensuring that their wills meet the standards enshrined in state law.