There are lawyers who specialize in many different areas of legal practice. Despite how complex and challenging legal matters can be, quite a few people may try to handle certain issues on their own. For example, instead of hiring an estate planning attorney to draft a will, they might turn to the internet.
Many people believe that documents they download off the internet can help them achieve the same outcome as documents drafted by a licensed attorney. While do-it-yourself (DIY) wills can sometimes hold up under scrutiny during the probate process, there are many issues that can arise when people try to draft their own testamentary instruments. All three of the issues discussed below frequently arise when people try to draft their own wills.
Documents that violate state law
There are numerous requirements for valid wills. Testators need to ensure that the format in which they create the will is appropriate. They need to have appropriate signatures in place, including witness signatures. They also need to ensure that they integrate the right language into the document and avoid illegal provisions. Frequently, testators who draft their own wills or use digital templates sourced online may create documents that do not actually meet all of the mandatory standards enshrined in state law.
Conflicts among family members
When there is an attorney who can validate a testator’s wishes and witnesses who can affirm their state of mind, surviving family members may find it easier to accept the terms proposed by the decedent. In cases where people may have drafted their own documents with minimal support and oversight, conflict may be more likely. Family members may question the mental state of the testator or whether an outside party, possibly even one of their witnesses, may have influenced the testator. Particularly if a testator drafts a handwritten will, people may try to allege that they do not recognize the handwriting and that fraud may have occurred. Families may end up fighting which can cause relationship damage and diminish the overall value of the assets in the estate.
Difficulty locating the will
When people partner with estate planning attorneys, they can work with their lawyer to ensure that the right people have access to the will after their passing. Some lawyers can provide storage for wills. Others can help their clients arrange for safe and secure storage of the will at their own home or in an alternate location. When there isn’t an attorney who can provide surviving family members with information about the location of a will, people might fail to locate it. The testator’s efforts could all be in vain if the family moves forward with intestate probate proceedings because they cannot find the will.
Formal estate planning with the help of a professional can help people avoid these and other common pitfalls. A well-drafted will provide important protections to a testator and to the people who they hope should inherit assets from their estate.