Technology and modernization have made many changes to our world. Originally, estate planning meant sitting across at a desk with an attorney as they put your final wishes in writing. Today, the rise of Do-It-Yourself (DIY) wills has given us access to drafting our own estate plan from the comfort of the couch. While this sounds great in theory, as DIY wills seem like a budget-friendly alternative to hiring an attorney, they often come with risks that could turn a well-intentioned plan into a legal disaster.
The Appeal of DIY Wills
Traditional estate planning services can cost hundreds (or even thousands) of dollars, whereas online DIY will kits often charge a fraction of that price. In addition to the convenience of drafting your will from home, it’s easy to see why these tools are growing in popularity.
However, estate planning isn’t just about filling in the blanks on a template, it’s about making sure your loved ones have peace of mind in your passing. But what are the exact risks that DIY wills can pose?
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A “One-Size-Fits-All” Trap
Most DIY wills available follow a basic format, which might be fine for a simple estate. However, if you have multiple beneficiaries, blended families, or assets across different states, you present a complex situation that needs more than a simple solution. As a result, a will that isn’t customized to your situation could lead to unintended consequences—such as creating untouchable assets or accidentally disinheriting a child.
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The Complexity of State Law
Just like most legal processes, estate laws vary by state, and a will that’s valid in Florida might not be recognized in California. DIY wills don’t always account for these legal nuances; this can pose a problem when it comes time for the assigned executor to carry out your final wishes, as your document might be unenforceable.
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Forgetting Signature and Witnessing
A will isn’t valid or official until it’s signed and properly witnessed—when someone witnesses you ink your original signature. DIY will users also tend to misunderstand, or don’t follow, state laws regarding signatures and witnessing, some states require one witness to your signature, others two. As a result, DIY will users do not fulfill this crucial step, ultimately rendering their document completely useless.
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The Danger of Vague Language
When making a DIY wills, and no legal counsel to aadvise you, users often forget to catch broad, non-specific language that can easily be misinterpreted. For example, if you write, “I leave my house to my children,” but forget to specify which child or how the house should be divided, you mistakenly open your will to the possibility of being contested and in the turmoil of estate litigation. With legal counsel, they catch these vauge moments of languge and help you create a will that is not only to your wishes but is air tight, avoiding any loose ends or litigation risks.
When a DIY Will Might Work (and When It Definitely Won’t)
It might be ok to consider a DIY will, thought we don’t ever recommend it, if you have a simple estate with minimal assets and no complex family dynamics. But it is important to pay attention and ensure that all rules are followed and that your will complies with all necessary laws.
A DIY will won’t work, however, in the following cases:
- You own real estate in multiple states
- You have minor children who need guardianship provisions
- You have a blended family with stepchildren
- You want to disinherit someone (which requires very specific wording)
- You’re worried about challenges to your will
If these considerations are applicable to you, then it’s best you consult an attorney on your estate plan.
Need Estate Planning Help?
DIY wills could be a good starting point to thinking about your estate plan and preparing yourself for knowing what exactly you want your final wishes to be’ but ultimately, they aren’t foolproof. Any money saved upfront can quickly turn into endless legal fees for your heirs and give rise to complications that a properly constructed, and valid, will helps to avoid.
If you truly want to make sure your estate is handled smoothly, consulting an estate planning attorney is the best way to go. So if you’re still considering a DIY will, but aren’t sure if it’s the right choice, reach out to an estate planning attorney to discuss your options. Because when it comes to your legacy, it’s better to be safe than sorry.