Having a valid last will and testament can offer you great peace of mind, knowing that your wishes will be followed after your death—but can you accomplish that goal with a so-called “do-it-yourself will?”
Yes, but before you move forward with making a last will online or by using downloadable forms, you should know that there are pros and cons to doing so.
Read on for more information to consider when deciding whether a DIY last will and testament is the right choice for you.
What is a do-it-yourself last will?
A will is a legal document that describes how you would like your assets distributed after your death. Traditionally, when writing a will, you work with an estate planning attorney who provides legal advice and helps write the document for you.
If you'd prefer to draft a will without an attorney, you’ll need to do some research before you draft a do-it-yourself will. This do-it-yourself will, also called a DIY will, is a last will and testament that you create online without legal counsel.
Instead of hiring an estate planning attorney, you can use DIY last will services that provide the forms, so all you have to do is fill in the basic information requested and print out the results.
An online will is completely legal and considered a valid will, even if you didn't receive attorney assistance when drafting it.
Pros of DIY wills
There are a few benefits associated with DIY wills. Let's discuss some of the pros of writing your own estate planning documents, whether you use free templates or a lawyer-crafted kit with more detailed guidance:
Time and money savings
The most obvious advantages of making a last will via a do-it-yourself will kit are time and money. Creating a last will online can cost less than getting an attorney involved in the will-writing process. In fact, many online templates are free or have a low one-time fee. An online will service also lets a person make a will in mere minutes.
Convenient
DIY wills are designed to be straightforward and easy to implement without attorney assistance. You can create a DIY will from the comfort of your home at your own pace. You can also find online tools that guide you step by step through the process, making it easier than ever to write your own will.
Ideal for simple estates
Those who can benefit most from DIY wills are people with relatively small estates (a value that doesn’t reach the level of being subject to estate taxes). A simple online will should suffice if your estate will not be subject to estate tax and has no complex financial arrangements.
Privacy benefits
When drafting your own online will, you don’t need to disclose your assets or intentions to a lawyer, which is a favorable option for those who prefer not to talk to someone directly about their finances.
Cons of DIY wills
Even the pros listed above could have potential cons attached in the future. The following are a few cons you'll want to consider if you're planning to do your own will.
Risk of errors or omissions
One disadvantage of DIY wills is that it's easy to overlook important legal language or fail to account for specific estate planning needs. Serious mistakes can easily arise from unclear language, improper execution, or failure to follow state laws. Unfortunately, these errors and omissions could lead to the will being contested or even declared invalid.
Financial implications
The money you save now as you create a last will online could end up costing your estate and/or your heirs money later if the will isn’t valid or its validity ends up being contested because it wasn’t written well enough to withstand objections. For instance, your heirs may need to hire probate attorneys to sort out the details or file a probate litigation lawsuit.
Time-consuming resolutions
Probating your estate—and distributing assets to your heirs—could end up taking a lot longer than it has to if the will wasn’t executed properly or otherwise has problems that must be resolved by the probate court. Depending on the circumstances, the probate court may have to rely on other estate planning documents or intestacy laws to determine how to distribute the estate's assets, which could become time-consuming.
Not suitable for complex estates
DIY wills can fail to take into account specific estate planning needs, such as avoiding potential estate taxes. Blended families (i.e., those with children from a previous relationship) may need some extra legal guidance that DIY options don’t always provide.
Therefore, if you have a large estate that is subject to estate taxes (currently, about $13 million) that includes complicated assets, such as multiple properties, businesses, or large investments, or involves unique blended family dynamics like second marriages and children from different relationships, a DIY will may not be the most comprehensive solution for your estate.
Complex legal requirements that vary by state
Remember that state laws regarding will execution vary greatly, and some DIY will sites may not take that into consideration when preparing your last will. Some jurisdictions, for example, require a certain number of witnesses present at the will’s signing and/or the seal of a notary public.
Not all online DIY templates comply with state-specific laws regarding how the will should be signed or stored, and failure to follow these laws could make the will invalid or lead to complications down the road. LegalZoom’s templates have been drafted and reviewed by local attorneys in each state, and come with legal guidance as you go through the process.
Limited flexibility
Because DIY wills are templated estate planning documents, they lack the flexibility and customization needed for specific situations, such as tax planning and establishing trusts. It’s best to work in concert with an attorney as an expert source to answer your unique questions as you craft your own will.
Our step-by-step online tool helps you make key decisions with confidence, at your pace.
Making a DIY last will without a lawyer
So, should you make your own will? If you have a fairly straightforward estate plan in mind, a do-it-yourself will can be an easy, inexpensive way to make your wishes known regarding the distribution of your assets after death.
No matter what you decide, however, it is vital that you make a last will as soon as possible—and keep it updated with changes in circumstances such as births, deaths, and divorces. When a person dies without a will, state law governing the distribution of the estate takes over, and the results may be a world away from what you would have desired.
A step-by-step guide to making a DIY will
Follow these steps to make a will without a lawyer:
- Select a DIY service. Research reputable DIY services and online will maker kits and select one that best suits your individual needs.
- Select an executor. Choose the personal representative who you would like to oversee your estate after your death. Your executor will help carry out all your wishes, such as ensuring your beneficiaries receive the assets you want them to have.
- List out your assets and property. Describe all your assets and property, from your financial accounts and life insurance policies to your vehicles and pets.
- Disclose your debts. Your debts do not die with you, so your estate will be responsible for paying them after your death. Provide a list of your debts, including unpaid credit cards, student loans, and mortgages.
- Identify your beneficiaries. Your beneficiaries are those who will receive your assets and which assets each individual will receive. Beneficiaries can include friends, relatives, or even charities or nonprofit organizations.
- Consider a will review. Before finalizing your will, it helps to get a second set of eyes on it to ensure you've checked all the boxes. At LegalZoom, you can hire an attorney to review your estate planning documents after drafting them yourself or using one of our state-specific templates.
- Gather witnesses and/or a notary. Even if you use online estate planning tools, you'll still need to sign your will in accordance with your state laws. State laws determine witness requirements, so be sure to familiarize yourself with the rules.
Store your will in a safe place. After completing your will and printing it, store it in a safe place like a lockbox or file it with your local probate court.
FAQs
Are DIY wills legally binding?
Yes, DIY wills are legally binding as long as you follow the legal requirements and state laws. For instance, when drafting your own will, you must be at least 18 years old, of sound mind, and have the required number of witnesses present.
Do I need witnesses for a DIY will?
Depending on your state, you may need witnesses present to create a legally valid will. Most states require at least two witnesses, but be sure to consult your specific state laws.
Who can make a DIY will?
Anyone can make a DIY will. You should consider working with a lawyer if you have a very large estate with more complex assets.
How should I store my will?
Even if you create an online will, it's best to print a copy of your will and store it in a secure place like a safe or lockbox. In some cases, your local probate court may also let you file a copy with them for safekeeping.
Can I make a DIY will for free?
Yes, some online will maker services are completely free. These templates and will kits make it easy for you to draft your will without paying any fees. However, some of these broad templates may not be state-specific or cover complex or unique situations.
Can I make a DIY living will?
Yes, there are online services that let you draft your own living will, which is different than a last will and specifically details your wishes for health care in the event that you become incapacitated. You can use an online platform to help you create your health care directive, outlining your health care decisions and power of attorney.
Michelle Kaminsky, Esq. contributed to this article.
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